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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Water and Other Legislation
Amendment Bill 2005
Queensland
Water and Other Legislation Amendment
Bill 2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Part 2 Amendment of Water Act 2000
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
4 Amendment of s 20 (Authorised taking of water without water
entitlement). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5 Amendment of s 25 (Limiting water taken under water
licence or permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
6 Amendment of s 26 (Moratorium notices) . . . . . . . . . . . . . . . . . . 16
7 Amendment of s 36 (Obtaining water information) . . . . . . . . . . . . 16
8 Amendment of s 37 (Notice of works) . . . . . . . . . . . . . . . . . . . . . 16
9 Amendment of s 38 (Minister may prepare water resource plans) 17
10 Amendment of s 46 (Content of draft water resource plans) . . . . 17
11 Amendment of s 55 (When water resource plans may be
amended or replaced) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
12 Amendment of s 56 (Preparing amending or new draft
water resource plan). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
13 Amendment of s 74 (Applying for approval of land and water
management plans) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
14 Amendment of s 76 (Criteria for deciding application for
approval of land and water management plan) . . . . . . . . . . . . . . 18
15 Amendment of s 77 (Deciding application for approval of land
and water management plan). . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
16 Amendment of s 101 (Additional requirements for notices for
draft resource operations plans that establish water allocations) . 19
17 Amendment of s 105 (Amending resource operations plan) . . . . 20
18 Replacement of ch 2, pt 4, div 3, hdg. . . . . . . . . . . . . . . . . . . . . . 20
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Water and Other Legislation Amendment Bill 2005
19 Replacement of ch 2, pt 4, div 3, sdiv 1, hdg . . . . . . . . . . . . . . . . 20
20 Amendment of s 107 (Effect of resource operations plan) . . . . . . 20
21 Amendment of s 107A (Authority to interfere with water) . . . . . . . 21
22 Amendment of s 108 (Granting resource operations licences) . . 21
23 Insertion of new ch 2, pt 4, div 3, sdiv 1A. . . . . . . . . . . . . . . . . . . 21
Subdivision 1A Granting distribution operations licences other
than under a resource operations plan
108A Applying for a distribution operations licence other
than under a resource operations plan. . . . . . . . . . . . 22
108B Additional information may be required . . . . . . . . . . . 22
108C Deciding application for distribution operations licence 23
24 Amendment of ch 2, pt 4, div 3, sdiv 2, hdg . . . . . . . . . . . . . . . . . 23
25 Amendment of s 109 (Content of resource operations licence) . . 23
26 Amendment of s 110 (Conditions of resource operations licence) 24
27 Amendment of ch 2, pt 4, div 3, sdiv 3, hdg . . . . . . . . . . . . . . . . . 24
28 Amendment of s 111 (Amending a resource operations
licence for consistency with a resource operations plan) . . . . . . . 25
29 Amendment of s 111A (Amending a resource operations
licence under a resource operations plan process) . . . . . . . . . . . 25
30 Amendment of s 112 (Other amendments chief executive
may make to resource operations licence) . . . . . . . . . . . . . . . . . . 25
31 Amendment of s 113 (Minor or stated amendments of resource
operations licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
32 Amendment of ch 2, pt 4, div 3, sdiv 4, hdg . . . . . . . . . . . . . . . . . 26
33 Amendment of s 114 (Applying for transfer of resource
operations licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
34 Amendment of s 115 (Additional information may be required) . . 26
35 Amendment of s 116 (Deciding application to transfer resource
operations licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
36 Amendment of s 117 (Approving application to transfer
resource operations licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
37 Amendment of s 118 (Refusing application to transfer resource
operations licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
38 Amendment of s 118A (Amalgamating resource operations
licences) ....................................... 28
39 Amendment of ch 2, pt 4, div 3, sdiv 5, hdg . . . . . . . . . . . . . . . . . 28
40 Amendment of s 119 (Cancelling resource operations licence) . . 28
41 Amendment of s 120 (Procedure for cancelling resource
operations licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
42 Amendment of s 120A (Cancelling resource operations
licence no longer required). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
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Water and Other Legislation Amendment Bill 2005
43 Insertion of new ch 2, pt 4, div 3, sdiv 6 . . . . . . . . . . . . . . . . . . . . 30
Subdivision 6 Audit reports
119C Preparing regular audit reports . . . . . . . . . . . . . . . . . 30
119D Access for conducting audit reports . . . . . . . . . . . . . . 30
44 Amendment of s 121 (Converting water entitlements) . . . . . . . . . 30
45 Amendment of s 122 (Granting water allocations) . . . . . . . . . . . . 31
46 Amendment of s 122A (Chief executive may approve
standard supply contracts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
47 Replacement of s 123 (Relationship between resource
operations plan and water allocation). . . . . . . . . . . . . . . . . . . . . . 32
123 Relationship between plans and water allocation. . . . 32
48 Amendment of s 125 (Amending water allocations) . . . . . . . . . . . 32
49 Amendment of s 127 (Registration details for water allocations) . 32
50 Insertion of new ss 127B and 127C . . . . . . . . . . . . . . . . . . . . . . . 33
127B Water allocations to which a distribution operations
licence applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
127C Preservation of obligation in particular circumstances 33
51 Amendment of s 128A (Amalgamation or subdivision of water
allocations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
52 Insertion of new s 128B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
128B Transfer of water allocations. . . . . . . . . . . . . . . . . . . . 34
53 Amendment of s 134 (Deciding application to change
water allocation) ................................. 35
54 Amendment of s 138 (Water allocations may forfeited) . . . . . . . . 35
55 Amendment of s 140 (Priority for applying proceeds
of sale of water allocations under a power of sale) . . . . . . . . . . . 36
56 Replacement of s 142 (Applying for a seasonal water
assignment) ................................ 36
142 Applying for a seasonal water assignment . . . . . . . . . 36
57 Amendment of s 144 (Deciding application for seasonal water
assignment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
58 Amendment of s 145 (Conditions of seasonal water assignment) 37
59 Replacement of s 146 (Application of s 243) . . . . . . . . . . . . . . . . 38
146 Application of s 243 . . . . . . . . . . . . . . . . . . . . . . . . . . 38
60 Replacement of s 146B (Arrangements for seasonal water
assignments) .................................... 38
146B Arrangements for seasonal water assignments . . . . . 38
61 Replacement of s 150 (Interests and dealings that may be
registered) ..................................... 38
150 Interests and dealings that may be registered . . . . . . 39
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Water and Other Legislation Amendment Bill 2005
150A Effect on priority of notices given under s 101(1)(b). . 39
150B Effect on priority of notices given under s 101(1)(c) . . 40
62 Amendment of s 167A (Authority to interfere with water) . . . . . . . 41
63 Amendment of s 168 (Who must apply for an interim resource
operations licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
64 Amendment of s 169 (Applying for interim resource
operations licence) ................................. 41
65 Amendment of s 170 (Additional information may be required) . . 42
66 Amendment of s 178 (Conditions of interim resource operations
licence) ........................................ 42
67 Amendment of s 184 (Amending interim resource
operations licence on notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
68 Insertion of new ch 2, pt 5, div 2, sdiv 5A. . . . . . . . . . . . . . . . . . . 43
Subdivision 5A Other amendments to interim resource
operations licences
185A Amending interim resource operations licences. . . . . 44
69 Insertion of new ch 2, pt 5, div 2, sdiv 7 . . . . . . . . . . . . . . . . . . . . 44
Subdivision 7 Audit reports
186A Preparing regular audit reports . . . . . . . . . . . . . . . . . 45
186B Access for conducting audit reports . . . . . . . . . . . . . . 45
70 Amendment of s 187 (Granting interim water allocations) . . . . . . 45
71 Amendment of s 191 (Conditions of interim water allocation) . . . 45
72 Amendment of s 194 (Deciding application to transfer by interim
resource operations licence holder) . . . . . . . . . . . . . . . . . . . . . . . 45
73 Amendment of s 197 (Surrendering an interim water allocation) . 46
74 Replacement of s 198 (Effect of disposal of part of land to
which interim water allocation attaches). . . . . . . . . . . . . . . . . . . . 46
198 Effect of disposal of part of land to which interim
water allocation attaches . . . . . . . . . . . . . . . . . . . . . . 46
198A Effect of acquisition of land to which interim water
allocation attaches . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
75 Amendment of s 199 (Effect of acquisition of part of land to
which interim water allocation attaches). . . . . . . . . . . . . . . . . . . . 48
76 Insertion of new ss 199A and 199B . . . . . . . . . . . . . . . . . . . . . . . 49
199A Effect of acquisition of part of land above an aquifer . 49
199B Effect of acquisition of part of other land . . . . . . . . . . 50
77 Amendment of s 203 (Definitions for pt 6) . . . . . . . . . . . . . . . . . . 50
78 Amendment of s 205 (Decisions to be in accordance with plans) 50
79 Amendment of s 206 (Applying for a water licence) . . . . . . . . . . . 51
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Water and Other Legislation Amendment Bill 2005
80 Amendment of s 208 (Public notice of application for water
licence) ....................................... 52
81 Amendment of s 210 (Criteria for deciding application for
water licence) .................................... 52
82 Amendment of s 211A (Effect of disposal of part of land to which
application for water licence relates) . . . . . . . . . . . . . . . . . . . . . . 52
83 Amendment of s 214 (Conditions of water licence) . . . . . . . . . . . 53
84 Amendment of s 215 (Where water under certain licences
must be used) ..................................... 53
85 Insertion of new s 216A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
216A Amending water licence without public notice . . . . . . 53
86 Amendment of s 222 (Transferring water licence to another
person) ....................................... 54
87 Amendment of s 229 (Effect of disposal of part of land to
which water licence to take water attaches) . . . . . . . . . . . . . . . . . 55
88 Amendment of s 231 (Applying for seasonal water assignment) . 56
89 Amendment of s 233 (Deciding application for seasonal water
assignment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
90 Amendment of s 235 (Conditions of seasonal water assignment) 57
91 Amendment of s 236 (Application of ss 25, 243 and 244 to
water permit) .................................... 57
92 Amendment of s 266 (Applying for permit to destroy vegetation,
excavate or place fill in a watercourse, lake or spring) . . . . . . . . . 57
93 Amendment of s 267 (Additional information may be required) . . 58
94 Amendment of s 273 (Notice to owner of land to remove
vegetation etc.) .................................. 58
95 Amendment of s 300 (Additional information may be required) . . 59
96 Amendment of s 370 (Who must apply for registration as a
service provider). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
97 Insertion of new s 376B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
376B Applying for cancellation of registration as service
provider ............................... 60
98 Omission of ch 3, pt 3, div 1, sdivs 1 and 2, hdgs . . . . . . . . . . . . 60
99 Amendment of s 412 (Refusing strategic asset management
plan) ....................................... 60
100 Amendment of s 414 (Complying with approved strategic asset
management plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
101 Insertion of new ch 3, pt 3, divs 1A and 1B . . . . . . . . . . . . . . . . . 61
Division 1A System leakage management plans
Subdivision 1 Preliminary
414A Application of div 1A. . . . . . . . . . . . . . . . . . . . . . . . . . 61
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Water and Other Legislation Amendment Bill 2005
Subdivision 2 Preparing and submitting plan
414B Preparing system leakage management plans . . . . . 61
414C Certifying system leakage management plan . . . . . . 62
414D Submitting system leakage management plan for
approval ............................... 62
Subdivision 3 Exemption from preparing plan
414E Application for exemption . . . . . . . . . . . . . . . . . . . . . . 63
414F Deciding the application . . . . . . . . . . . . . . . . . . . . . . . 63
414G Conditions of exemption . . . . . . . . . . . . . . . . . . . . . . . 64
414H Cancelling or amending an exemption . . . . . . . . . . . . 65
Subdivision 4 Approving or refusing to approve plan
414I Approving system leakage management plan . . . . . . 65
414J Refusing to approve system leakage management
plan .................................. 66
414K Regulator may seek further information . . . . . . . . . . . 67
Subdivision 5 Miscellaneous
414L Changing system leakage management plan . . . . . . 67
414M Complying with approved system leakage
management plan ........................ 68
Division 1B Audit reports and reviews
414N Application of div 1B. . . . . . . . . . . . . . . . . . . . . . . . . . 68
102 Amendment of s 415 (Reviewing strategic asset management
plan) .......................................... 68
103 Amendment of s 416 (Changing strategic asset management
plan following review) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
104 Amendment of s 417 (Providing regular audit reports). . . . . . . . . 69
105 Amendment of s 419 (Spot audits of strategic asset
management plans) .............................. 70
106 Insertion of new ch 3, pt 3, div 2A . . . . . . . . . . . . . . . . . . . . . . . . 70
Division 2A Drought management plans
429A Purpose of div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
429B Application of div 2A. . . . . . . . . . . . . . . . . . . . . . . . . . 71
429C Preparing drought management plans . . . . . . . . . . . . 71
429D Certifying drought management plan . . . . . . . . . . . . . 73
429E Submitting drought management plan for registration 73
429F Exemption from preparing drought management plan 73
429G Cancelling or amending exemption from preparing
drought management plan . . . . . . . . . . . . . . . . . . . . . 74
429H Registering a drought management plan . . . . . . . . . . 74
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Water and Other Legislation Amendment Bill 2005
429I Changing a drought management plan . . . . . . . . . . . 75
429J Complying with drought management plan . . . . . . . . 75
429K Tabling in Legislative Assembly . . . . . . . . . . . . . . . . . 75
107 Amendment of s 430 (Service provider to report annually) . . . . . 75
108 Amendment of s 434 (Small service providers may apply
for exemption from divs 13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
109 Amendment of s 435 (Deciding application for exemption) . . . . . 77
110 Amendment of s 487 (Accepting, rejecting or reviewing failure
impact assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
111 Amendment of s 491 (Safety conditions for existing referable
dams) ........................................ 77
112 Amendment of s 492 (Changing conditions) . . . . . . . . . . . . . . . . 78
113 Replacement of s 494 (Emergency powers) . . . . . . . . . . . . . . . . 78
494 Emergency powers. . . . . . . . . . . . . . . . . . . . . . . . . . . 78
114 Amendment of s 498 (Amending flood mitigation manual). . . . . . 81
115 Amendment of s 500 (Protection from liability for complying
with flood mitigation manual) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
116 Amendment of s 569 (Main function of water authority). . . . . . . . 82
117 Amendment of s 580 (Notice of proposed significant action) . . . . 82
118 Amendment of ch 4, pt 7, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
119 Amendment of ch 4, pt 7, div 1, hdg. . . . . . . . . . . . . . . . . . . . . . . 82
120 Amendment of s 690 (Amalgamating water authorities
and authority areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
121 Amendment of s 691 (Dissolution of water authority and
authority area) .................................. 83
122 Amendment of s 692 (Public notice of proposed
amalgamation or dissolution) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
123 Amendment of s 693 (Content of notice of proposed
amalgamation or dissolution) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
124 Amendment of s 694 (Considering submissions on proposed
amalgamation or dissolution) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
125 Amendment of s 695 (Water authority may request its
dissolution) .................................. 85
126 Amendment of s 740 (Functions and powers of authorised
officers) ..................................... 86
127 Amendment of s 747 (Power to enter land to collect information) 86
128 Amendment of s 752 (Issue of warrant) . . . . . . . . . . . . . . . . . . . . 87
129 Amendment of s 754 (Warrants--procedure before entry) . . . . . 87
130 Insertion of new ch 5, pt 1, div 4A . . . . . . . . . . . . . . . . . . . . . . . . 88
Division 4A Power to seize evidence
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Water and Other Legislation Amendment Bill 2005
757A Seizing evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
757B Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . 89
757C Tampering with seized things . . . . . . . . . . . . . . . . . . . 89
757D Powers to support seizure . . . . . . . . . . . . . . . . . . . . . 89
757E Receipts for seized things . . . . . . . . . . . . . . . . . . . . . 90
757F Forfeiture by authorised officer. . . . . . . . . . . . . . . . . . 90
757G Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . 91
757H Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . 92
757I Return of seized things. . . . . . . . . . . . . . . . . . . . . . . . 92
757J Access to seized things . . . . . . . . . . . . . . . . . . . . . . . 92
131 Amendment of s 760 (Power to require production of documents) 92
132 Amendment of s 762 (Failure to produce document) . . . . . . . . . . 93
133 Amendment of s 763 (Power to require information) . . . . . . . . . . 93
134 Insertion of new ch 5, pt 1, div 7. . . . . . . . . . . . . . . . . . . . . . . . . . 94
Division 7 Obtaining criminal history reports
766 Purpose of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
767 Chief executive's power to obtain criminal history
report ............................... 94
768 Criminal history is confidential document . . . . . . . . . . 94
135 Amendment of s 778 (When regulator may give a show
cause notice) ................................... 95
136 Amendment of s 783 (Chief executive or regulator may take
action and recover costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
137 Replacement of s 808 (Unauthorised taking, supplying or
interfering with water) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
808 Unauthorised taking, supplying or interfering with
water ................................ 96
138 Amendment of s 810 (Using water contrary to approved land
and water management plan). . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
139 Amendment of s 811 (Tampering with devices) . . . . . . . . . . . . . . 97
140 Replacement of s 812 (Contravening conditions of water
allocation, interim water allocation, water licence or permit) . . . . 97
812 Contravening conditions of water entitlement,
seasonal water assignment notice or water permit . . 97
141 Amendment of s 812A (Liability for unauthorised taking of water) 97
142 Amendment of s 813 (Contravening condition of resource
operations licence, interim resource operations licence
or operations licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
143 Amendment of s 814 (Destroying vegetation, excavating
or placing fill without permit). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
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Water and Other Legislation Amendment Bill 2005
144 Amendment of s 825 (False or misleading statements) . . . . . . . . 98
145 Amendment of s 826 (False or misleading documents) . . . . . . . . 98
146 Amendment of s 851 (Who is an interested person) . . . . . . . . . . 99
147 Amendment of s 864 (Review decision) . . . . . . . . . . . . . . . . . . . . 99
148 Amendment of s 878 (Starting an appeal) . . . . . . . . . . . . . . . . . . 99
149 Amendment of s 955 (Governor in Council may appoint
administrator to operate infrastructure) . . . . . . . . . . . . . . . . . . . . 100
150 Amendment of s 967 (IPA approval for development is subject to
approval under this Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
151 Amendment of s 968 (Chief executive may direct works to
be modified or removed). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
152 Amendment of s 969 (Development applications for the
removal of quarry material) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
153 Amendment of s 972 (When an applicant may appeal to
the Land and Resources Tribunal) . . . . . . . . . . . . . . . . . . . . . . . . 101
154 Amendment of s 977 (Power to enter places for stated purposes) 101
155 Insertion of new ch 8, pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
Part 4A Private water supply agreements for former
water areas
1000 Entering private water supply agreements . . . . . . . . . 102
1001 Registration of private water supply agreement . . . . . 102
1002 When agreement has effect . . . . . . . . . . . . . . . . . . . . 103
1003 Amending a private water supply agreement . . . . . . . 103
1003A Chief executive may approve standard agreement . . 104
156 Amendment of s 1006 (Declarations about watercourses). . . . . . 104
157 Amendment of s 1007 (Records to be kept in registries) . . . . . . . 105
158 Amendment of s 1009 (Public inspection and purchase of
documents) ................................... 106
159 Amendment of s 1013A (Fee and charges payable to the chief
executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
160 Amendment of s 1013B (Non-payment of fees or charges) . . . . . 107
161 Amendment of s 1014 (Regulation-making power) . . . . . . . . . . . 107
162 Amendment of s 1037 (Local government authorities). . . . . . . . . 108
163 Insertion of new s 1037A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
1037A Other continuing authorities . . . . . . . . . . . . . . . . . . . . 108
164 Insertion of new ss 1057 and 1058 . . . . . . . . . . . . . . . . . . . . . . . 109
1057 Reinstating particular expired licences. . . . . . . . . . . . 110
1058 Reinstating particular expired licences in former
water areas ............................ 110
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Water and Other Legislation Amendment Bill 2005
165 Amendment of s 1089 (Existing authorities to take, or interfere
with, water) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
166 Insertion of new s 1089A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
1089A Conversion of existing authorities to take water . . . . . 111
167 Amendment of s 1116 (Minister must approve standard supply
contracts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
168 Insertion of new of new s 1117A . . . . . . . . . . . . . . . . . . . . . . . . . 113
1117A When conditions of supply contract do not apply . . . . 113
169 Insertion of new ch 9, pt 5, div 1, hdg. . . . . . . . . . . . . . . . . . . . . . 114
170 Insertion of new s 1135A and ch 9, pt 5, div 2 hdg . . . . . . . . . . . 114
1135A Validation of particular decisions . . . . . . . . . . . . . . . . 114
171 Insertion of new ch 9, pt 5, div 3, hdg. . . . . . . . . . . . . . . . . . . . . . 115
172 Insertion of new ch 9, pt 5, div 4. . . . . . . . . . . . . . . . . . . . . . . . . . 115
Division 4 Transitional provision for Water and Other
Legislation Amendment Act 2005
1136B Notices given under s 101(1)(b) and (1)(c). . . . . . . . . 115
1136C Effect of disposal of part of land to which interim
water allocation attaches . . . . . . . . . . . . . . . . . . . . . . 116
1136D Effect of acquisition of part of land to which interim
water allocation attaches . . . . . . . . . . . . . . . . . . . . . . 116
1136E Condition about measuring device not effective . . . . . 117
1136F Submitting system leakage management plans for
approval ............................. 117
1136G Submitting drought management plan for registration 118
1136H Interest payable under section 1013A . . . . . . . . . . . . 118
173 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 118
Part 3 Amendment of Integrated Planning Act 1997
174 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
175 Amendment of sch 8A (Assessment manager for development
applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Part 4 Amendment of Lake Eyre Basin Agreement Act 2001
176 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
177 Replacement of ss 2 and 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
2 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
3 Approval and ratification of agreements . . . . . . . . . . . 124
178 Amendment of schedule (Lake Eyre Basin Intergovernmental
Agreement). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
179 Insertion of new sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Schedule 2 First Amending Agreement
11
Water and Other Legislation Amendment Bill 2005
Part 5 Amendment of Land Protection (Pest and Stock Route
Management) Act 2002
180 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
181 Amendment of s 325 (Existing agreement about water facilities). 131
2005
A Bill
for
An Act to amend the Water Act 2000, and for other purposes
s1 14 s4
Water and Other Legislation Amendment Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Water and Other Legislation 4
Amendment Act 2005. 5
Clause 2 Commencement 6
(1) Sections 99 to 109, 135 and 172 to the extent it inserts 7
section 1136F and 1136G commence on 1 October 2005 or, if 8
this Act is assented to after 1 October 2005, on the day of 9
assent. 10
(2) The following provisions commence on a day to be fixed by 11
proclamation-- 12
(a) sections 13 to 16, 48, 49, 51, 52, 56 to 59, 61, 78, 85, 87 13
to 91, 94, 140, 141, 146, 157(1), 159 and 160 and part 3; 14
(b) section 172 to the extent it inserts sections 1136B and 15
1136H. 16
Part 2 Amendment of Water Act 2000 17
Clause 3 Act amended in pt 2 18
This part amends the Water Act 2000. 19
Clause 4 Amendment of s 20 (Authorised taking of water without 20
water entitlement) 21
(1) Section 20(6), `or interfere with overland flow water and'-- 22
omit, insert-- 23
s5 15 s5
Water and Other Legislation Amendment Bill 2005
`overland flow water or take or interfere with'. 1
(2) Section 20(6)(b), `taking or interfering'-- 2
omit, insert-- 3
`taking of or interfering'. 4
(3) Section 20(7), `(3)(a)'-- 5
omit, insert-- 6
`(3)(b)'. 7
(4) Section 20(8), `For subsection (3)'-- 8
omit, insert-- 9
`In this section'. 10
Clause 5 Amendment of s 25 (Limiting water taken under water 11
licence or permit) 12
(1) Section 25, heading-- 13
omit, insert-- 14
`25 Limiting water taken under water licence, permit or 15
allocation'. 16
(2) Section 25(1)-- 17
omit, insert-- 18
`(1) If there is a shortage of water, the chief executive may, by 19
publishing a notice, limit the water that may be-- 20
(a) taken or interfered with under a water licence; or 21
(b) taken under a water permit; or 22
(c) taken under a water allocation not managed under a 23
resource operations licence.'. 24
(3) Section 25(2)(c), `licensee or permittee'-- 25
omit, insert-- 26
`licensee, permittee or the holder of a water allocation'. 27
s6 16 s8
Water and Other Legislation Amendment Bill 2005
Clause 6 Amendment of s 26 (Moratorium notices) 1
(1) Section 26(4), `not currently regulated by a water resource 2
plan'-- 3
omit. 4
(2) Section 26-- 5
insert-- 6
`(9) In this section-- 7
moratorium notice includes a moratorium notice the effect of 8
which has been amended or continued under a water resource 9
plan.'. 10
Clause 7 Amendment of s 36 (Obtaining water information) 11
(1) Section 36(1), `under this chapter'-- 12
omit, insert-- 13
`under this Act'. 14
(2) Section 36(1)(c) and (d), after `managed'-- 15
insert-- 16
`, taken or supplied'. 17
(3) Section 36(1)-- 18
insert-- 19
`(e) about the taking or supplying of water by the person 20
under the person's authority.'. 21
Clause 8 Amendment of s 37 (Notice of works) 22
Section 37, heading-- 23
omit, insert-- 24
`37 Notice of works and water use'. 25
s9 17 s 12
Water and Other Legislation Amendment Bill 2005
Clause 9 Amendment of s 38 (Minister may prepare water resource 1
plans) 2
Section 38(4)(a) and (b), `, or interfering with,'-- 3
omit. 4
Clause 10 Amendment of s 46 (Content of draft water resource 5
plans) 6
(1) Section 46(2)(b), `, or interfering with, overland flow water 7
or'-- 8
omit, insert-- 9
`overland flow water, or taking or interfering with'. 10
(2) Section 46(2)-- 11
insert-- 12
`(ca) the types of works for interfering with overland flow 13
water that are intended to be assessable or self 14
assessable development under the Integrated Planning 15
Act 1997;'. 16
Clause 11 Amendment of s 55 (When water resource plans may be 17
amended or replaced) 18
Section 55(2), from `shows'-- 19
omit, insert-- 20
`shows either of the following in relation to a water resource 21
plan-- 22
(a) the plan's outcomes are not being achieved; 23
(b) the plan's objectives are no longer appropriate for its 24
plan area.'. 25
Clause 12 Amendment of s 56 (Preparing amending or new draft 26
water resource plan) 27
Section 56-- 28
insert-- 29
s 13 18 s 15
Water and Other Legislation Amendment Bill 2005
`(4) However, sections 39 to 41 and 48 do not apply to the 1
preparation of an amending water resource plan if-- 2
(a) the Minister is satisfied that sufficient public notice of, 3
and opportunity to make submissions on, the proposed 4
amendment, will be available under section 49; or 5
(b) the amendment is of a type that the water resource plan 6
states may be made to the plan under this subsection.'. 7
Clause 13 Amendment of s 74 (Applying for approval of land and 8
water management plans) 9
Section 74-- 10
insert-- 11
`(4) Subsection (5) applies if a person holds a certificate from an 12
organisation approved by the chief executive to provide an 13
accredited farm management system program stating that the 14
person's farm management system satisfies the requirements 15
of the program. 16
`(5) The person may apply under this section for approval of the 17
person's farm management system as a land and water 18
management plan. 19
`(6) An application mentioned in subsection (5) must be supported 20
by the certificate mentioned in subsection (4).'. 21
Clause 14 Amendment of s 76 (Criteria for deciding application for 22
approval of land and water management plan) 23
Section 76-- 24
insert-- 25
`(2) Subsection (1)(a) does not apply to an application for 26
approval of a farm management system as a land and water 27
management plan.'. 28
Clause 15 Amendment of s 77 (Deciding application for approval of 29
land and water management plan) 30
Section 77-- 31
insert-- 32
s 16 19 s 16
Water and Other Legislation Amendment Bill 2005
`(7) Subsection (4) does not apply to approval of a farm 1
management system as a land and water management plan. 2
`(8) A farm management system approved under this section is 3
taken to be an approved land and water management plan for 4
this Act.'. 5
Clause 16 Amendment of s 101 (Additional requirements for notices 6
for draft resource operations plans that establish water 7
allocations) 8
Section 101-- 9
insert-- 10
`(c) if an interest holder who gives the chief executive a 11
notice under paragraph (b) has the consent of the 12
proposed water allocation holder to the encumbering of 13
the proposed water allocation with the interest the 14
interest holder has in the existing water entitlement or 15
other authority to take water, the interest holder may 16
give the chief executive notice of the consent in the 17
approved form. 18
`(2) It is declared that-- 19
(a) an existing mortgagee of land to which an existing water 20
entitlement or other authority to take water attaches is an 21
existing interest holder; and 22
(b) the existing mortgagee's interest under the mortgage in 23
the land is an existing interest in the existing water 24
entitlement or other authority to take water. 25
`(3) It is also declared that a person is not a proposed water 26
allocation holder under subsection (1)(c) unless-- 27
(a) the person is the registered owner of all of the land to 28
which the existing water entitlement or other authority 29
to take water relates; and 30
(b) the interest the interest holder has in the existing water 31
entitlement or other authority to take water relates to all 32
of the land.'. 33
s 17 20 s 20
Water and Other Legislation Amendment Bill 2005
Clause 17 Amendment of s 105 (Amending resource operations 1
plan) 2
Section 105-- 3
insert-- 4
`(5) However, sections 96, 97 and 99(b) to (d) do not apply to the 5
preparation of an amendment to a resource operations plan 6
if-- 7
(a) the chief executive is satisfied that sufficient public 8
notice of, and opportunity to make submissions on, the 9
proposed amendment, will be available under 10
section 100; or 11
(b) the amendment is of a type that the resource operations 12
plan states may be made to the plan under this 13
subsection.'. 14
Clause 18 Replacement of ch 2, pt 4, div 3, hdg 15
Chapter 2, part 4, division 3, heading-- 16
omit, insert-- 17
`Division 3 Resource operations licences and 18
distribution operations licences'. 19
Clause 19 Replacement of ch 2, pt 4, div 3, sdiv 1, hdg 20
Chapter 2, part 4, division 3, subdivision 1, heading-- 21
omit, insert-- 22
`Subdivision 1 Granting resource operations 23
licences and distribution operations 24
licences'. 25
Clause 20 Amendment of s 107 (Effect of resource operations plan) 26
Section 107(b), after `licences'-- 27
insert-- 28
`and distribution operations licences'. 29
s 21 21 s 23
Water and Other Legislation Amendment Bill 2005
Clause 21 Amendment of s 107A (Authority to interfere with water) 1
Section 107A-- 2
insert-- 3
`(2) A distribution operations licence authorises the holder of the 4
licence to take water or interfere with the flow of water to 5
distribute water under water allocations. 6
`(3) A resource operations licence or a distribution operations 7
licence may be held only by-- 8
(a) the owner of the water infrastructure to which the 9
licence applies; or 10
(b) if the owner of the water infrastructure to which the 11
licence applies is a subsidiary company, the parent 12
company of the subsidiary.'. 13
Clause 22 Amendment of s 108 (Granting resource operations 14
licences) 15
(1) Section 108, heading, after `licences'-- 16
insert-- 17
`and distribution operations licences'. 18
(2) Section 108(1)-- 19
omit, insert-- 20
`(1) Subsection (2) applies if a resource operations plan states a 21
process for the granting of-- 22
(a) a resource operations licence to meet future water 23
requirements; or 24
(b) a distribution operations licence to meet future water 25
distribution requirements.'. 26
Clause 23 Insertion of new ch 2, pt 4, div 3, sdiv 1A 27
Chapter 2, part 4, division 3-- 28
insert-- 29
s 23 22 s 23
Water and Other Legislation Amendment Bill 2005
`Subdivision 1A Granting distribution operations 1
licences other than under a 2
resource operations plan 3
`108A Applying for a distribution operations licence other 4
than under a resource operations plan 5
`(1) A person may apply for a distribution operations licence not 6
granted under a resource operations plan. 7
`(2) The application must be-- 8
(a) made to the chief executive in the approved form; and 9
(b) supported by details of-- 10
(i) all water distributed, or intended to be distributed, 11
by the applicant and taken, or to be taken, under 12
water allocations; and 13
(ii) the names and addresses of the holders of existing 14
water allocations mentioned in subparagraph (i) 15
and details of any existing arrangements for the 16
distribution of the water; and 17
(iii) the applicant's proposed arrangements for any 18
distribution infrastructure; and 19
(iv) any other information that may enable the chief 20
executive to decide the application; and 21
(c) accompanied by the fee prescribed under a regulation. 22
`108B Additional information may be required 23
`The chief executive may require-- 24
(a) the applicant to give additional information about the 25
application; or 26
(b) any information included in the application, or any 27
additional information required under paragraph (a), to 28
be verified by statutory declaration. 29
s 24 23 s 25
Water and Other Legislation Amendment Bill 2005
`108C Deciding application for distribution operations licence 1
`(1) In deciding whether to grant the application, the chief 2
executive must consider the application and any additional 3
information given in relation to the application. 4
`(2) The chief executive may also consider whether the applicant 5
has been convicted of an offence against this Act, the repealed 6
Act or an interstate law. 7
`(3) If the chief executive is satisfied the application should be 8
granted, the chief executive may grant the application, with or 9
without conditions. 10
`(4) If the chief executive is not satisfied the application should be 11
granted, the chief executive must refuse to grant the 12
application. 13
`(5) Within 30 business days after deciding the application, the 14
chief executive must give the applicant an information notice 15
about the decision on the application and, if the chief 16
executive has decided to grant the licence, a distribution 17
operations licence. 18
`(6) The licence takes effect from the day the applicant is given the 19
information notice. 20
(7) Subsections (1) and (2) do not limit the matters the chief 21
executive may consider in deciding whether to grant the 22
application.'. 23
Clause 24 Amendment of ch 2, pt 4, div 3, sdiv 2, hdg 24
Chapter 2, part 4, division 3, subdivision 2, heading, after 25
`licences'-- 26
insert-- 27
`and distribution operations licences'. 28
Clause 25 Amendment of s 109 (Content of resource operations 29
licence) 30
(1) Section 109, heading, after `licence'-- 31
insert-- 32
`or distribution operations licence'. 33
s 26 24 s 27
Water and Other Legislation Amendment Bill 2005
(2) Section 109, `The licence'-- 1
omit, insert-- 2
`A resource operations licence or distribution operations 3
licence'. 4
(3) Section 109(b), `the resource'-- 5
omit, insert-- 6
`any resource'. 7
Clause 26 Amendment of s 110 (Conditions of resource operations 8
licence) 9
(1) Section 110, heading, after `licence'-- 10
insert-- 11
`or distribution operations licence'. 12
(2) Section 110(1), after `licence', first mention-- 13
insert-- 14
`or a distributions operations licence'. 15
(3) Section 110(1), after `supply'-- 16
insert-- 17
`or distribution'. 18
(4) Section 110(2)(a)(i) to (iii)-- 19
renumber as subparagraphs (ii) to (iv). 20
(5) Section 110(2)(a)-- 21
insert-- 22
`(i) install a meter to measure the taking of or 23
interfering with water through the water 24
infrastructure to which the licence applies;'. 25
Clause 27 Amendment of ch 2, pt 4, div 3, sdiv 3, hdg 26
Chapter 2, part 4, division 3, subdivision 3, heading, after 27
`licences'-- 28
s 28 25 s 30
Water and Other Legislation Amendment Bill 2005
insert-- 1
`and distribution operations licences'. 2
Clause 28 Amendment of s 111 (Amending a resource operations 3
licence for consistency with a resource operations plan) 4
(1) Section 111, heading, `resource operations'-- 5
omit. 6
(2) Section 111(1), after `licence'-- 7
insert-- 8
`or a distribution operations licence'. 9
(3) Section 111(1), after `operations plan'-- 10
insert-- 11
`to which the licence relates'. 12
Clause 29 Amendment of s 111A (Amending a resource operations 13
licence under a resource operations plan process) 14
(1) Section 111A, heading, `resource operations'-- 15
omit. 16
(2) Section 111A(1), after `licence'-- 17
insert-- 18
`or a distribution operations licence'. 19
Clause 30 Amendment of s 112 (Other amendments chief executive 20
may make to resource operations licence) 21
(1) Section 112, heading, `resource operations'-- 22
omit. 23
(2) Section 112(1), after `operations licence'-- 24
insert-- 25
`or a distribution operations licence'. 26
s 31 26 s 34
Water and Other Legislation Amendment Bill 2005
Clause 31 Amendment of s 113 (Minor or stated amendments of 1
resource operations licence) 2
(1) Section 113, heading, `resource operations'-- 3
omit. 4
(2) Section 113(1), after `licence', first mention-- 5
insert-- 6
`or a distribution operations licence'. 7
(3) Section 113(1), `resource operations', second mention-- 8
omit. 9
Clause 32 Amendment of ch 2, pt 4, div 3, sdiv 4, hdg 10
Chapter 2, part 4, division 3, subdivision 4, heading, after 11
`licences'-- 12
insert-- 13
`and distribution operations licences'. 14
Clause 33 Amendment of s 114 (Applying for transfer of resource 15
operations licence) 16
(1) Section 114, heading, `resource operations'-- 17
omit. 18
(2) Section 114(1), `A resource operations licence holder'-- 19
omit, insert-- 20
`The holder of a resource operations licence or a distribution 21
operations licence'. 22
Clause 34 Amendment of s 115 (Additional information may be 23
required) 24
Section 115-- 25
insert-- 26
`(2) If the applicant fails, without reasonable excuse, to comply 27
with the requirement within the reasonable time stated in the 28
requirement, the application lapses.'. 29
s 35 27 s 37
Water and Other Legislation Amendment Bill 2005
Clause 35 Amendment of s 116 (Deciding application to transfer 1
resource operations licence) 2
Section 116, heading, `resource operations'-- 3
omit. 4
Clause 36 Amendment of s 117 (Approving application to transfer 5
resource operations licence) 6
(1) Section 117, heading, `resource operations'-- 7
omit. 8
(2) Section 117(2), `resource operations'-- 9
omit. 10
Clause 37 Amendment of s 118 (Refusing application to transfer 11
resource operations licence) 12
(1) Section 118, heading, `resource operations'-- 13
omit. 14
(2) Section 118(1), `an application for the transfer of a resource 15
operations licence'-- 16
omit, insert-- 17
`the application'. 18
(3) Section 118(1)(a)-- 19
omit, insert-- 20
`(a) if the transferee has been convicted of an offence against 21
this Act or an interstate law or has held 1 of the 22
following licences (each a relevant licence) that has 23
been cancelled or suspended under this Act or an 24
interstate law-- 25
(i) a resource operations licence; 26
(ii) an interstate resource operations licence; 27
(iii) a distribution operations licence; 28
(iv) an interstate distribution operations licence; or'. 29
s 38 28 s 40
Water and Other Legislation Amendment Bill 2005
(4) Section 118(1)(b), `resource operations licence or interstate 1
resource operations licence'-- 2
omit, insert-- 3
`relevant licence'. 4
Clause 38 Amendment of s 118A (Amalgamating resource 5
operations licences) 6
(1) Section 118A, heading, `resource operations'-- 7
omit. 8
(2) Section 118A-- 9
insert-- 10
`(1A) The holder of a distribution operations licence may apply to 11
the chief executive to amalgamate, into a single licence, the 12
distribution operations licence with another distribution 13
operations licence in the same water supply scheme.'. 14
(3) Section 118A(2), `The application must'-- 15
omit, insert-- 16
`An application under subsection (1) or (1A) must'. 17
(4) Section 118A(2)(b) and (4)(a), `resource operations'-- 18
omit. 19
Clause 39 Amendment of ch 2, pt 4, div 3, sdiv 5, hdg 20
Chapter 2, part 4, division 3, subdivision 5, heading, after 21
`licences'-- 22
insert-- 23
`and distribution operations licences'. 24
Clause 40 Amendment of s 119 (Cancelling resource operations 25
licence) 26
(1) Section 119, heading, `resource operations'-- 27
omit. 28
(2) Section 119(1), after `licence', first mention-- 29
s 41 29 s 42
Water and Other Legislation Amendment Bill 2005
insert-- 1
`or a distribution operations licence'. 2
Clause 41 Amendment of s 120 (Procedure for cancelling resource 3
operations licence) 4
(1) Section 120, heading, `resource operations'-- 5
omit. 6
(2) Section 120(1), `a resource operations'-- 7
omit, insert-- 8
`the'. 9
(3) Section 120-- 10
renumber as section 119A. 11
Clause 42 Amendment of s 120A (Cancelling resource operations 12
licence no longer required) 13
(1) Section 120A, heading, `resource operations'-- 14
omit. 15
(2) Section 120A-- 16
insert-- 17
`(1A) The chief executive may cancel a distribution operations 18
licence if-- 19
(a) another distribution operations licence has been granted 20
to replace the licence to be cancelled; or 21
(b) the chief executive and the distribution operations 22
licence holder have agreed the distribution operations 23
licence is no longer required.'. 24
(3) Section 120A(2)-- 25
omit, insert-- 26
`(2) If the chief executive decides to cancel the resource operations 27
licence under subsection (1) or the distribution operations 28
licence under subsection (1A), the chief executive must, 29
within 30 business days after making the decision, give the 30
s 43 30 s 44
Water and Other Legislation Amendment Bill 2005
licence holder an information notice about the decision to 1
cancel the licence.'. 2
(4) Section 120A(3), `resource operations'-- 3
omit. 4
(5) Section 120A-- 5
renumber as section 119B. 6
Clause 43 Insertion of new ch 2, pt 4, div 3, sdiv 6 7
Chapter 2, part 4, division 3-- 8
insert-- 9
`Subdivision 6 Audit reports 10
`119C Preparing regular audit reports 11
`The chief executive may prepare an audit report-- 12
(a) about a resource operation licence holder's or a 13
distribution operations licence holder's compliance with 14
the licence; and 15
(b) to verify the accuracy of monitoring and reporting 16
information given to the chief executive by the holder. 17
`119D Access for conducting audit reports 18
`A resource operations licence holder and a distribution 19
operations licence holder must give any person authorised by 20
the chief executive to participate in conducting an audit under 21
this subdivision, free and uninterrupted access to the holder's 22
infrastructure and any records relating to the infrastructure for 23
conducting the audit. 24
Maximum penalty--200 penalty units.'. 25
Clause 44 Amendment of s 121 (Converting water entitlements) 26
(1) Section 121(2) and (3)-- 27
omit, insert-- 28
s 45 31 s 46
Water and Other Legislation Amendment Bill 2005
`(2) If an allocation is managed under a resource operations 1
licence, the allocation holder and the resource operations 2
licence holder must have a supply contract for the allocation. 3
`(3) Subsection (2) does not apply if-- 4
(a) the resource operations licence holder and the allocation 5
holder are the same person; or 6
(b) the allocation holder is a subsidiary company of the 7
resource operations licence holder.'. 8
(2) Section 121(8), `an information notice'-- 9
omit, insert-- 10
`a notice'. 11
Clause 45 Amendment of s 122 (Granting water allocations) 12
(1) Section 122(4) and (5)-- 13
omit, insert-- 14
`(4) If the allocation is managed under a resource operations 15
licence, the allocation holder and the resource operations 16
licence holder must have a supply contract for the allocation. 17
`(5) Subsection (4) does not apply if the resource operations 18
licence holder and the allocation holder are the same person or 19
related entities.'. 20
(2) Section 122(6), `an information notice'-- 21
omit, insert-- 22
`a notice'. 23
Clause 46 Amendment of s 122A (Chief executive may approve 24
standard supply contracts) 25
Section 122A(4)-- 26
omit, insert-- 27
`(4) On the day an allocation is granted, the standard supply 28
contract for the area applies to the allocation unless-- 29
s 47 32 s 49
Water and Other Legislation Amendment Bill 2005
(a) the allocation holder and the resource operations licence 1
holder have a supply contract for the allocation; or 2
(b) section 121(3) applies to the allocation.'. 3
Clause 47 Replacement of s 123 (Relationship between resource 4
operations plan and water allocation) 5
Section 123-- 6
omit, insert-- 7
`123 Relationship between plans and water allocation 8
`(1) The taking of water under a water allocation from the plan 9
area for a water resource plan is subject to that plan and the 10
resource operations plan that implements the water resource 11
plan. 12
`(2) If there is a conflict between either plan and the water 13
allocation, the plan prevails.'. 14
Clause 48 Amendment of s 125 (Amending water allocations) 15
(1) Section 125(1)-- 16
insert-- 17
`(aa) a resource operations plan states, for a water allocation, 18
the water management area that includes the location 19
from which the water may be taken; or'. 20
(2) Section 125(2), `an information notice'-- 21
omit, insert-- 22
`a notice'. 23
Clause 49 Amendment of s 127 (Registration details for water 24
allocations) 25
Section 127(3)-- 26
insert-- 27
`(e) the water management area that includes the location 28
from which the water may be taken.'. 29
s 50 33 s 50
Water and Other Legislation Amendment Bill 2005
Clause 50 Insertion of new ss 127B and 127C 1
Chapter 2, part 4, division 4, subdivision 1A-- 2
insert-- 3
`127B Water allocations to which a distribution operations 4
licence applies 5
`(1) This section applies if-- 6
(a) a water allocation is granted under section 121; and 7
(b) at the time the allocation is granted, water may be 8
distributed to the water allocation holder by the holder 9
of a distribution operations licence. 10
`(2) The chief executive must give the registrar notice that the 11
water allocation is an allocation to which a distribution 12
operations licence applies. 13
`127C Preservation of obligation in particular circumstances 14
`(1) This section applies if-- 15
(a) the location from which water may be taken under a 16
water allocation mentioned in section 127B(1) is 17
changed to a location to which the holder of the 18
distribution operations licence (the licence holder) does 19
not distribute water; or 20
(b) the allocation is subdivided or amalgamated with 21
another allocation. 22
`(2) The obligation on the water allocation holder to pay a charge, 23
in relation to the licence holder's distribution works, to the 24
licence holder under the distribution arrangements between 25
the parties continues to attach to the water allocation until the 26
licence holder agrees that the obligation has been satisfied. 27
`(3) If the licence holder agrees, under subsection (2), that the 28
obligation has been satisfied, the licence holder must give the 29
chief executive notice in the approved form of the satisfaction. 30
`(4) If the chief executive receives notice under subsection (3), the 31
chief executive must give the registrar notice that the 32
allocation is no longer an allocation to which a distribution 33
operations licence applies.'. 34
s 51 34 s 52
Water and Other Legislation Amendment Bill 2005
Clause 51 Amendment of s 128A (Amalgamation or subdivision of 1
water allocations) 2
(1) Section 128A(8)-- 3
renumber as section 128A(9). 4
(2) Section 128A-- 5
insert-- 6
`(8) However, if an allocation being amalgamated or subdivided is 7
subject to a registered mortgage, the registrar must not act 8
under subsection (7) unless the mortgagee has consented to 9
the amalgamation or subdivision.'. 10
Clause 52 Insertion of new s 128B 11
After section 128A-- 12
insert-- 13
`128B Transfer of water allocations 14
`(1) A water allocation holder who proposes to transfer a water 15
allocation not managed under a resource operations licence 16
must give the chief executive notice of the proposed transfer. 17
`(2) The notice must be-- 18
(a) in the approved form; and 19
(b) accompanied by the fee prescribed under a regulation. 20
`(3) The chief executive may require the water allocation holder to 21
give the chief executive additional information about the 22
proposed transfer. 23
`(4) The chief executive must give the water allocation holder a 24
certificate about the proposed transfer, within 10 business 25
days after-- 26
(a) receiving the notice; or 27
(b) if the chief executive has required further information 28
under subsection (3)--receiving the additional 29
information. 30
`(5) The certificate-- 31
(a) must be in the approved form; and 32
s 53 35 s 54
Water and Other Legislation Amendment Bill 2005
(b) remains valid-- 1
(i) until the date stated in the certificate; or 2
(ii) if the certificate does not state a date--for 3
40 business days.'. 4
Clause 53 Amendment of s 134 (Deciding application to change 5
water allocation) 6
(1) Section 134(4)(b), after `application'-- 7
insert-- 8
`without conditions'. 9
(2) Section 134-- 10
insert-- 11
`(4A) If the chief executive approves the application with a 12
condition requiring the applicant to take some action, the 13
chief executive must give the applicant a certificate stating 14
that the change has been approved within 10 business days 15
after the action is taken.'. 16
(3) Section 134(5), `The certificate'-- 17
omit, insert-- 18
`A certificate under subsection (4)(b) or (4A)'. 19
Clause 54 Amendment of s 138 (Water allocations may forfeited) 20
(1) Section 138(7)-- 21
insert-- 22
`(ba) thirdly--in discharging the liability, if any, of the former 23
allocation holder for any outstanding debt due to the 24
distribution operations licence holder under distribution 25
arrangements;'. 26
(2) Section 138(7)(c), `thirdly'-- 27
omit, insert-- 28
`fourthly'. 29
(3) Section 138(7)(d), `fourthly'-- 30
s 55 36 s 56
Water and Other Legislation Amendment Bill 2005
omit, insert-- 1
`fifthly'. 2
(4) Section 138(7)(e), `fifthly'-- 3
omit, insert-- 4
`sixthly'. 5
Clause 55 Amendment of s 140 (Priority for applying proceeds 6
of sale of water allocations under a power of sale) 7
(1) Section 140(1)-- 8
insert-- 9
`(c) if distribution arrangements give a distribution 10
operations licence holder a power to sell the water 11
allocation--the holder.'. 12
(2) Section 140(2)-- 13
omit, insert-- 14
`(2) The holder of a resource operations licence may exercise a 15
power of sale only in accordance with the supply contract. 16
`(2A) The holder of a distribution operations licence may exercise a 17
power of sale only in accordance with the distribution 18
arrangements.'. 19
Clause 56 Replacement of s 142 (Applying for a seasonal water 20
assignment) 21
Section 142-- 22
omit, insert-- 23
`142 Applying for a seasonal water assignment 24
`(1) A water allocation holder or the holder of a seasonal water 25
assignment notice may apply for a seasonal water assignment 26
for the water year in which the application is made. 27
`(2) The application must be-- 28
(a) made to the chief executive in the approved form; and 29
(b) include the following details of the proposed assignee-- 30
s 57 37 s 58
Water and Other Legislation Amendment Bill 2005
(i) name and address; 1
(ii) if the proposed assignee holds a water allocation 2
for the water management area in which the 3
assignee proposes to take the benefit of the 4
assignment--details of the water allocation; and 5
(c) supported by sufficient information, including the 6
written consent of the proposed assignee, to enable the 7
chief executive to decide the application; and 8
(d) accompanied by the fee prescribed under a regulation.'. 9
Clause 57 Amendment of s 144 (Deciding application for seasonal 10
water assignment) 11
(1) Section 144(4), `water permit'-- 12
omit, insert-- 13
`seasonal water assignment notice'. 14
(2) Section 144-- 15
insert-- 16
`(5A) If the assignee holds a water allocation for the water 17
management area in which the assignee proposes to take the 18
benefit of the assignment, a notice given under subsection (4) 19
has the effect of increasing the volume of water authorised to 20
be taken under the allocation by the volume stated in the 21
notice.'. 22
Clause 58 Amendment of s 145 (Conditions of seasonal water 23
assignment) 24
(1) Section 145, `water permit'-- 25
omit, insert-- 26
`seasonal water assignment notice'. 27
(2) Section 145(c), `permit'-- 28
omit, insert-- 29
`notice'. 30
s 59 38 s 61
Water and Other Legislation Amendment Bill 2005
Clause 59 Replacement of s 146 (Application of s 243) 1
Section 146-- 2
omit, insert-- 3
`146 Application of s 243 4
`Section 243 applies to a seasonal water assignment notice as 5
if a reference in the section to a water permit were a reference 6
to a seasonal water assignment notice and a reference to the 7
permittee were a reference to the holder of a seasonal water 8
assignment notice.'. 9
Clause 60 Replacement of s 146B (Arrangements for seasonal water 10
assignments) 11
Section 146B-- 12
omit, insert-- 13
`146B Arrangements for seasonal water assignments 14
`(1) The holder of a water allocation to which this subdivision 15
applies may enter into an arrangement for a seasonal water 16
assignment in relation to the water allocation. 17
`(2) The holder may enter the arrangement only if-- 18
(a) the proposed assignment is allowed under the seasonal 19
water assignment rules stated in the resource operations 20
plan; and 21
(b) the holder of the resource operations licence consents to 22
the arrangement; and 23
(c) if the water to which the allocation relates is distributed 24
to the allocation holder by a distributions operations 25
licence holder--the holder of the distributions 26
operations licence consents to the arrangement. 27
`(3) Subsection (2)(b) and (c) do not apply to the extent the 28
seasonal water assignment rules do not require the consent.'. 29
Clause 61 Replacement of s 150 (Interests and dealings that may be 30
registered) 31
Section 150-- 32
s 61 39 s 61
Water and Other Legislation Amendment Bill 2005
omit, insert-- 1
`150 Interests and dealings that may be registered 2
`(1) Subject to subsection (2), an interest or dealing that may be 3
registered for land under the Land Title Act 1994, may be 4
registered for a water allocation on the water allocations 5
register. 6
`(2) An interest or dealing, the provisions for which are excluded 7
under section 151(1)(e), may not be registered under this Act. 8
`(3) If a water allocation is managed under a resource operations 9
licence, the registrar must not record a transfer of the 10
allocation until the registrar has received from the resource 11
operations licence holder notice in the approved form of the 12
existence of a supply contract between the transferee of the 13
allocation and the resource operations licence holder. 14
`(4) The registrar must not record the transfer of a water allocation 15
not managed under a resource operations licence until the 16
registrar receives a certificate under section 128B(4) about the 17
transfer. 18
`(5) An instrument that purports to give effect to a dealing of the 19
type mentioned in subsection (1) does not transfer or create an 20
interest at law until it is registered on the register. 21
`150A Effect on priority of notices given under s 101(1)(b) 22
`(1) If the chief executive is given a notice about a water allocation 23
under section 101(1)(b), the notice causes to be continued, in 24
the water allocation, an interest equivalent to the interest had 25
by the interest holder in the former water entitlement or other 26
authority to take water until whichever of the following first 27
happens-- 28
(a) 60 business days expire after details of the water 29
allocation are recorded on the water allocations register 30
under section 121(1)(b); 31
(b) the interest mentioned in the notice is recorded on the 32
register. 33
`(2) Subsection (1) applies despite the expiry under 34
section 121(1)(a) of the former water entitlement or other 35
authority to take water. 36
s 61 40 s 61
Water and Other Legislation Amendment Bill 2005
`(3) However if, before an event mentioned in subsection (1)(a) or 1
(b) happens, the interest holder lodges a caveat claiming an 2
interest in the water allocation, the equivalent interest 3
continues until-- 4
(a) the interest claimed in the caveat is recorded on the 5
water allocations register; or 6
(b) the caveat earlier lapses or is otherwise cancelled, 7
removed or withdrawn. 8
`(4) The registrar must not record any other dealing for the water 9
allocation, other than a notice mentioned in section 150B(1), 10
until subsections (1) and (3) cease to have effect in relation to 11
the interest. 12
`(5) If more than 1 notice is given under section 101(1)(b), the 13
interests must be recorded in accordance with the priority the 14
interests have on the land registry, as at the day the allocation 15
is recorded, for the land to which the former water entitlement 16
was attached. 17
`(6) However-- 18
(a) for an interest that is not an interest that was recorded 19
under the land registry but is recorded in another 20
register, the interest must be registered in priority 21
according to the time the interest was recorded in the 22
other register; or 23
(b) for an interest not recorded in another register, the 24
interest must be registered in the priority in which the 25
interest was lodged for registration. 26
`150B Effect on priority of notices given under s 101(1)(c) 27
`(1) If the chief executive is given a notice about a water allocation 28
under section 101(1)(c), the registrar must record the notice, 29
for the water allocation-- 30
(a) within 60 business days after details of the water 31
allocation are recorded on the water allocations register 32
under section 121(1)(b); and 33
(b) with the priority the interest mentioned in the notice had 34
on the land registry for the land to which the interest 35
relates as at the day the allocation is recorded. 36
s 62 41 s 64
Water and Other Legislation Amendment Bill 2005
`(2) A notice recorded under subsection (1)-- 1
(a) has the effect of encumbering the water allocation for 2
which the notice is recorded with the interest mentioned 3
in the notice; and 4
(b) for the application of section 151, is taken to be a 5
mortgage for the water allocation for the Land Title Act 6
1994, part 6, division 3. 7
`(3) No fee under this Act or duty under the Duties Act 2001 is 8
payable for the recording of a notice under subsection (1).'. 9
Clause 62 Amendment of s 167A (Authority to interfere with water) 10
Section 167A-- 11
insert-- 12
`(2) An interim resource operations licence may be held only by-- 13
(a) the owner of the water infrastructure to which the 14
licence applies; or 15
(b) if the owner of the water infrastructure to which the 16
licence applies is a subsidiary company, the parent 17
company of the subsidiary.'. 18
Clause 63 Amendment of s 168 (Who must apply for an interim 19
resource operations licence) 20
Section 168(1)-- 21
omit, insert-- 22
`(1) A regulation may nominate the owner of water infrastructure 23
in relation to the operation of the infrastructure or the 24
management of water stated in the regulation.'. 25
Clause 64 Amendment of s 169 (Applying for interim resource 26
operations licence) 27
Section 169(b)(i)-- 28
omit, insert-- 29
`(i) all water stored or released by the applicant and all 30
water taken by customers of the applicant under 31
s 65 42 s 67
Water and Other Legislation Amendment Bill 2005
authorisations under this Act or the repealed Act, 1
including the names and addresses of the 2
customers and details of any existing contracts for 3
the supply of the water; and'. 4
Clause 65 Amendment of s 170 (Additional information may be 5
required) 6
Section 170-- 7
insert-- 8
`(2) If the applicant fails, without reasonable excuse, to comply 9
with the requirement within the reasonable time stated in the 10
requirement, the application lapses.'. 11
Clause 66 Amendment of s 178 (Conditions of interim resource 12
operations licence) 13
(1) Section 178(a)(i) and (ii)-- 14
renumber as section 178(ii) and (iii). 15
(2) Section 178(a)-- 16
insert-- 17
`(i) install a meter to measure the taking of or 18
interfering with water through the water 19
infrastructure to which the licence applies;'. 20
Clause 67 Amendment of s 184 (Amending interim resource 21
operations licence on notice) 22
(1) Section 184(2), `However, the amendment must not'-- 23
omit, insert-- 24
`Subsection (3) applies if the amendment does not'. 25
(2) Section 184-- 26
insert-- 27
`(3A) If the proposed amendment would have 1 or more of the 28
effects mentioned in subsection (2), the chief executive-- 29
s 68 43 s 68
Water and Other Legislation Amendment Bill 2005
(a) must give the licence holder notice of the proposed 1
amendment; and 2
(b) must publish notice of the proposed amendment in the 3
area to which the licence relates; and 4
(b) may give a copy of the notice to any other entity the 5
chief executive considers appropriate. 6
`(3B) A notice under subsection (3A) must include at least the 7
following-- 8
(a) a summary of the proposed amendment to the licence; 9
(b) where copies of the proposed amendment are available; 10
(c) that written submissions may be made by any entity 11
about the proposed amendment; 12
(d) the day by which submissions must be made and the 13
person to whom, and the place where, the submissions 14
must be made. 15
`(3C) The day stated under subsection (3B)(d) must not be earlier 16
than 30 business days after the day the notice is published.'. 17
(3) Section 184(5), from `must give'-- 18
omit, insert-- 19
`must give-- 20
(a) the licence holder an amended notice in the approved 21
form; and 22
(b) the licence holder and any person who made a properly 23
made submission an information notice about the 24
decision to amend the licence.'. 25
(4) Section 184(6), after `holder'-- 26
insert-- 27
`and any person who made a properly made submission'. 28
Clause 68 Insertion of new ch 2, pt 5, div 2, sdiv 5A 29
Chapter 2, part 5, division 2-- 30
insert-- 31
s 69 44 s 69
Water and Other Legislation Amendment Bill 2005
`Subdivision 5A Other amendments to interim 1
resource operations licences 2
`185A Amending interim resource operations licences 3
`(1) The chief executive may amend the details of the water 4
sharing rules in an interim resource operations licence, for a 5
water year or part of a water year, if-- 6
(a) either-- 7
(i) the licence allows amendment; and 8
(ii) the licence holder requests an amendment in 9
accordance with the licence; or 10
(b) the chief executive is satisfied the rules need to be 11
amended because of seasonal conditions. 12
`(2) If the chief executive amends the rules-- 13
(a) the licence is taken to be amended, for the part of the 14
water year, to the extent of the amendment to the rules; 15
and 16
(b) the amendment to the licence has effect when the chief 17
executive gives notice of the amendment to the licence 18
holder. 19
`(3) As soon as practicable after receiving the notice, the licence 20
holder must give notice of the amendment to the holders of 21
interim water allocations managed under the licence. 22
`(4) A notice given under subsection (2) or (3) must state-- 23
(a) details of the amendment; and 24
(b) the reasons for the amendment; and 25
(c) the part of the water year to which the amendment 26
applies.'. 27
Clause 69 Insertion of new ch 2, pt 5, div 2, sdiv 7 28
Chapter 2, part 5, division 2-- 29
insert-- 30
s 70 45 s 72
Water and Other Legislation Amendment Bill 2005
`Subdivision 7 Audit reports 1
`186A Preparing regular audit reports 2
`The chief executive may prepare an audit report-- 3
(a) about an interim resource operation licence holder's 4
compliance with the licence; and 5
(b) to verify the accuracy of monitoring and reporting 6
information given to the chief executive by the holder. 7
`186B Access for conducting audit reports 8
`An interim resource operations licence holder must give any 9
person authorised by the chief executive to participate in 10
conducting an audit under this subdivision free and 11
uninterrupted access to the holder's infrastructure and any 12
records relating to the infrastructure for conducting the audit. 13
Maximum penalty--200 penalty units.'. 14
Clause 70 Amendment of s 187 (Granting interim water allocations) 15
Section 187(1), `subdivision 1'-- 16
omit, insert-- 17
`subdivision 1A'. 18
Clause 71 Amendment of s 191 (Conditions of interim water 19
allocation) 20
Section 191(2)(d), from `water entitlement'-- 21
omit, insert-- 22
`persons, authorised under this Act to take water, who would 23
be affected by the granting of the allocation;'. 24
Clause 72 Amendment of s 194 (Deciding application to transfer by 25
interim resource operations licence holder) 26
Section 194(1), `the application'-- 27
s 73 46 s 74
Water and Other Legislation Amendment Bill 2005
omit, insert-- 1
`an application under section 193'. 2
Clause 73 Amendment of s 197 (Surrendering an interim water 3
allocation) 4
Section 197-- 5
insert-- 6
`(2A) If the notice is about an interim water allocation managed 7
under an interim resource operations licence, the chief 8
executive must, as soon as practicable after receiving the 9
notice, give the holder of the interim resource operations 10
licence a copy of the notice.'. 11
Clause 74 Replacement of s 198 (Effect of disposal of part of land to 12
which interim water allocation attaches) 13
Section 198-- 14
omit, insert-- 15
`198 Effect of disposal of part of land to which interim 16
water allocation attaches 17
`(1) This section applies if-- 18
(a) an interim water allocation is attached to land; and 19
(b) the registered owner of the land disposes of part of the 20
land. 21
`(2) On the day the owner disposes of the part, the interim water 22
allocation is taken to be held jointly by all owners of the land 23
to which the interim water allocation related before the 24
disposal. 25
`(3) However, within 60 business days after the owner disposes of 26
the part, 1 or more of the owners of the land to which the 27
interim water allocation relates may, with the consent of the 28
other owners, apply for 1 or more interim water allocations to 29
replace the jointly held interim water allocation. 30
`(4) The application must be-- 31
(a) in the approved form; and 32
s 74 47 s 74
Water and Other Legislation Amendment Bill 2005
(b) accompanied by the fee prescribed under a regulation. 1
`(5) The chief executive must grant the application if-- 2
(a) the application relates only to land to which the jointly 3
held interim water allocation relates; and 4
(b) granting the application would not increase the volume 5
of water that may be taken. 6
`(6) If an application is not made under subsection (3), the chief 7
executive may give notice to the joint holders of the interim 8
water allocation about replacing the allocation. 9
`(7) The notice must state-- 10
(a) that a written submission may be made about the details 11
of replacing the allocation; and 12
(b) a day by which the submission must be made, and the 13
person to whom, and the place where, the submission 14
must be made. 15
`(8) The day stated under subsection (7)(b) must not be earlier 16
than 30 business days after the day the notice is given. 17
`(9) The chief executive must consider any submissions made 18
before issuing 1 or more replacement interim water 19
allocations. 20
`(10) Within 30 business days after issuing the replacement interim 21
water allocations, the chief executive must give the holders of 22
the jointly held interim water allocation an information notice. 23
`(11) A replacement interim water allocation has effect from-- 24
(a) for an application granted under subsection (5)--the day 25
the application is granted; and 26
(b) for a replacement interim water allocation issued under 27
subsection (9)--the day the information notice is given. 28
`198A Effect of acquisition of land to which interim water 29
allocation attaches 30
`(1) This section applies to an interim water allocation if part of 31
the land to which the allocation attaches is taken under the 32
Acquisition of Land Act 1967. 33
s 75 48 s 75
Water and Other Legislation Amendment Bill 2005
`(2) If the acquisition includes an acquisition of the allocation, 1
section 222 applies for transferring the allocation to the entity 2
that acquired the land as if the allocation were a water licence. 3
`(3) If the acquisition does not include an acquisition of the 4
allocation, sections 199 to 199B apply.'. 5
Clause 75 Amendment of s 199 (Effect of acquisition of part of land 6
to which interim water allocation attaches) 7
(1) Section 199, heading, `to which interim water allocation 8
attaches'-- 9
omit, insert-- 10
`adjoining a watercourse, lake or spring'. 11
(2) Section 199(1), after `land'-- 12
insert-- 13
`, adjoining a watercourse, lake or spring,'. 14
(3) Section 199(2) and (3)-- 15
omit, insert-- 16
`(2) If the remaining part of the land continues to adjoin the 17
watercourse, lake or spring from which water may be taken 18
under the interim water allocation-- 19
(a) section 198 does not apply to the interim water 20
allocation; and 21
(b) the interim water allocation may be amended under 22
section 192 so it attaches to the remaining part of the 23
land. 24
`(3) Subsection (4) applies if-- 25
(a) the remaining part of the land no longer adjoins the 26
watercourse, lake or spring; and 27
(b) the holder of the allocation does not, within 60 business 28
days after the acquisition, satisfy the chief executive that 29
the requirements of section 206(3)(b) have been met in 30
relation to the allocation. 31
`(4) The allocation is taken to be surrendered, and the chief 32
executive must deal with the allocation under section 197(3). 33
s 76 49 s 76
Water and Other Legislation Amendment Bill 2005
`(5) However, subsection (2)(a) and (b) apply if, within 1
60 business days after the acquisition, the holder satisfies the 2
chief executive that the requirements of section 206(3)(b) 3
have been met in relation to the allocation.'. 4
Clause 76 Insertion of new ss 199A and 199B 5
Chapter 2, part 5, division 3, subdivision 4-- 6
insert-- 7
`199A Effect of acquisition of part of land above an aquifer 8
`(1) This section applies to an interim water allocation to take 9
water from an aquifer under the land to which the allocation 10
attaches, if part of the land is taken under the Acquisition of 11
Land Act 1967. 12
`(2) If the remaining part of the land is above the aquifer from 13
which water may be taken under the allocation, and the 14
conditions of the allocation allow water to be taken from the 15
remaining part-- 16
(a) section 198 does not apply to the allocation; and 17
(b) the allocation may be amended under section 219, as if 18
the allocation were a water licence, so it attaches to the 19
remaining part of the land. 20
`(3) Subsection (4) applies if-- 21
(a) the remaining part of the land is not above the aquifer, or 22
the conditions of the allocation do not allow water to be 23
taken from the remaining part; and 24
(b) the holder of the allocation does not, within 60 business 25
days after the acquisition, satisfy the chief executive that 26
the requirements of section 206(3)(b) have been met in 27
relation to the allocation. 28
`(4) The allocation is taken to be surrendered and the chief 29
executive must deal with the allocation under section 197(3). 30
`(5) However, subsection (2)(a) and (b) apply if, within 31
60 business days after the acquisition, the holder satisfies the 32
chief executive that the requirements of section 206(3)(b) 33
have been met in relation to the allocation. 34
s 77 50 s 78
Water and Other Legislation Amendment Bill 2005
`199B Effect of acquisition of part of other land 1
`(1) This section applies to an interim water allocation granted in 2
response to an application mentioned in section 206(3), as if 3
the allocation were a water licence, if part of the land to which 4
the allocation attaches is taken under the Acquisition of Land 5
Act 1967. 6
`(2) If water taken under the allocation can still be delivered to the 7
remaining part of the land-- 8
(a) section 198 does not apply to the allocation; and 9
(b) the allocation may be amended under section 192 so it 10
attaches to the remaining part of the land. 11
`(3) Subsection (4) applies if-- 12
(a) water taken under the allocation can not still be 13
delivered to the remaining part of the land; and 14
(b) the holder of the allocation does not, within 60 business 15
days after the acquisition, satisfy the chief executive that 16
the requirements of section 206(3)(b) have been met in 17
relation to the allocation. 18
`(4) The allocation is taken to be surrendered and the chief 19
executive must deal with the allocation under section 197(3). 20
`(5) However, subsection (2)(a) and (b) apply if, within 21
60 business days after the acquisition, the holder satisfies the 22
chief executive that the requirements of section 206(3)(b) 23
have been met in relation to the allocation.'. 24
Clause 77 Amendment of s 203 (Definitions for pt 6) 25
Section 203, definition owner-- 26
insert-- 27
`(ba) the trustee of a reserve over the land or the holder of a 28
permit to occupy the land under the Land Act 1994;'. 29
Clause 78 Amendment of s 205 (Decisions to be in accordance with 30
plans) 31
Section 205-- 32
s 79 51 s 79
Water and Other Legislation Amendment Bill 2005
insert-- 1
`(2) If the chief executive makes a decision under this part, in 2
accordance with a water resource plan or a resource 3
operations plan, the chief executive is required to give, for the 4
decision-- 5
(a) to the extent a different decision, consistent with the 6
plan, could have been made--an information notice; or 7
(b) otherwise--a notice stating the decision and the reasons 8
for the decision. 9
`(3) In this section-- 10
decision includes a part of a decision.'. 11
Clause 79 Amendment of s 206 (Applying for a water licence) 12
Section 206(3)(b)-- 13
omit, insert-- 14
`(b) in relation to the land (the intervening land) between 15
the proposed point of taking and the applicant's land and 16
for the purpose of taking the water and delivering it to 17
the applicant's land-- 18
(i) to the extent the intervening land is freehold 19
land--the applicant has written agreement, from 20
all the owners of the intervening land, to give the 21
applicant a registrable lease or easement over the 22
intervening land; or 23
(ii) to the extent the intervening land is unallocated 24
State land under the Land Act 1994--the applicant 25
holds or has applied for a permit under section 177 26
of that Act to occupy the intervening land; or 27
(iii) to the extent the intervening land is a 28
State-controlled road under the Transport 29
Infrastructure Act 1994--the requirements of 30
section 50 of that Act have been complied with in 31
relation to any necessary ancillary works and 32
encroachments under that section; or 33
(iv) to the extent the intervening land is a road under 34
the control of a local government--the 35
s 80 52 s 82
Water and Other Legislation Amendment Bill 2005
requirements of the Local Government Act 1993 1
and of any local laws of the local government have 2
been complied with in relation to any necessary 3
works, including ancillary works and 4
encroachments under that Act; or 5
(v) to the extent the intervening land is other land--the 6
applicant holds or has applied for permission to 7
occupy the intervening land, from the owner or the 8
authority administering the land.'. 9
Clause 80 Amendment of s 208 (Public notice of application for 10
water licence) 11
Section 208(4)-- 12
insert-- 13
`(aa) details of the applicant's land to which the water licence, 14
if granted, would attach;'. 15
Clause 81 Amendment of s 210 (Criteria for deciding application for 16
water licence) 17
(1) Section 210(1)(g)-- 18
omit, insert-- 19
`(g) strategies and policies for the sustainable management 20
of water in the area to which the application relates;'. 21
(2) Section 210(1)(h), from `including'-- 22
omit, insert-- 23
`including any relevant coastal zone and regional aquifer 24
systems;'. 25
Clause 82 Amendment of s 211A (Effect of disposal of part of land 26
to which application for water licence relates) 27
Section 211A(2), `expires'-- 28
omit, insert-- 29
`lapses'. 30
s 83 53 s 85
Water and Other Legislation Amendment Bill 2005
Clause 83 Amendment of s 214 (Conditions of water licence) 1
Section 214(2)(d), `water entitlement holders'-- 2
omit, insert-- 3
`persons, authorised under this Act to take water,'. 4
Clause 84 Amendment of s 215 (Where water under certain licences 5
must be used) 6
Section 215(2)-- 7
omit, insert-- 8
`(2) However, subsection (1) does not apply to-- 9
(a) water taken under a licence attached to land the subject 10
of a water facility agreement under the Land Protection 11
(Pest and Stock Route Management) Act 2002; or 12
(b) artesian water taken under a water licence for stock 13
purposes; or 14
(c) subartesian water, in an aquifer that is hydraulically 15
connected to an artesian aquifer, taken under a water 16
licence for stock and domestic purposes.'. 17
Clause 85 Insertion of new s 216A 18
After section 216-- 19
insert-- 20
`216A Amending water licence without public notice 21
`(1) Despite section 216(2), section 208 does not apply to an 22
application to amend a water licence by adding land to, or 23
removing land from, the land to which the licence attaches. 24
`(2) However, the applicant must give notice of the application to 25
any entity that has an interest in the land to which the licence 26
attaches, the land to be added or the land to be removed. 27
`(3) The notice must include at least the following-- 28
(a) a description of the proposed changes to the land to 29
which the licence attaches; 30
s 86 54 s 86
Water and Other Legislation Amendment Bill 2005
(b) where copies of the application may be inspected and, 1
on payment of a fee, purchased; 2
(c) that written submissions may be made about the 3
application; 4
(d) the day by which submissions must be made, and the 5
person to whom, and the place where, the submissions 6
must be made. 7
`(4) The day mentioned in subsection (3)(d) must not be earlier 8
than 30 business days after the day the notice is given. 9
`(5) Within 10 business days after the notice is given, the applicant 10
must give the chief executive a copy of the notice. 11
`(6) If the applicant fails, without reasonable excuse, to comply 12
with subsection (5), the application lapses. 13
`(7) The chief executive may-- 14
(a) send a copy of the notice to any other entity the chief 15
executive considers appropriate; and 16
(b) decide the application after the day mentioned in 17
subsection (3)(d).'. 18
Clause 86 Amendment of s 222 (Transferring water licence to 19
another person) 20
(1) Section 222-- 21
insert-- 22
`(2A) Subsection (2B) applies if the licensee is-- 23
(a) an entity mentioned in subsection 206(4); and 24
(b) the owner of land to which the licence attached at the 25
time the licensee became the owner of the land. 26
`(2B) The licensee may also apply to transfer the licence to a person 27
who will be an owner of the land at the time the transfer is 28
approved.'. 29
(2) Section 222(3), `The application'-- 30
omit, insert-- 31
`An application under this section'. 32
s 87 55 s 87
Water and Other Legislation Amendment Bill 2005
(3) Section 222-- 1
insert-- 2
`(3A) If the licensee is the entity mentioned in section 206(4)(a), the 3
licensee may transfer the licence to a person-- 4
(a) who, immediately before the transfer takes effect, is 5
being supplied with water from the land to which the 6
licence will attach at the time the transfer takes effect; 7
and 8
(b) who will be the owner of the land at the time the transfer 9
takes effect.'. 10
(4) Section 222(4)(b), after `(1)(b)'-- 11
insert-- 12
`or (2B)'. 13
(5) Section 222(4)-- 14
insert-- 15
`(c) for a transfer under subsection (3A)--as soon as 16
practicable after the person becomes the owner of the 17
land.'. 18
(6) Section 222-- 19
insert-- 20
`(4A) A new licence given under subsection (4) for a transfer 21
mentioned in subsection (2B) or (3A) attaches to the land of 22
the transferee.'. 23
Clause 87 Amendment of s 229 (Effect of disposal of part of land to 24
which water licence to take water attaches) 25
Section 229(3)-- 26
omit, insert-- 27
`(3) However, 1 or more of the owners of the land to which the 28
expired licence related may apply for 1 or more licences to 29
replace the expired licence-- 30
(a) within 60 business days after the owner disposes of the 31
part; or 32
s 88 56 s 89
Water and Other Legislation Amendment Bill 2005
(b) if, in a particular case, the chief executive extends the 1
period for making the application--within the extended 2
period.'. 3
Clause 88 Amendment of s 231 (Applying for seasonal water 4
assignment) 5
(1) Section 231(1), after `water licence'-- 6
insert-- 7
`or the holder of a seasonal water assignment notice'. 8
(2) Section 231(2)-- 9
omit, insert-- 10
`(2) The application must-- 11
(a) be made to the chief executive in the approved form; and 12
(b) be supported by sufficient information to enable the 13
chief executive to decide the application; and 14
(c) include the name and address of the proposed assignee; 15
and 16
(d) if the proposed assignee holds a water licence for the 17
water management area in which the assignee proposes 18
to take the benefit of the assignment--include details of 19
the water licence; and 20
(e) include the written consent of the proposed assignee; 21
and 22
(f) be accompanied by the fee prescribed under a 23
regulation.'. 24
Clause 89 Amendment of s 233 (Deciding application for seasonal 25
water assignment) 26
(1) Section 233(4), `water permit'-- 27
omit, insert-- 28
`seasonal water assignment notice'. 29
(2) Section 233-- 30
insert-- 31
s 90 57 s 92
Water and Other Legislation Amendment Bill 2005
`(4A) If the assignee holds a water licence for the water 1
management area in which the assignee proposes to take the 2
benefit of the assignment, a notice given under subsection (4) 3
has the effect of increasing the volume of water authorised to 4
be taken under the licence by the volume stated in the notice.'. 5
Clause 90 Amendment of s 235 (Conditions of seasonal water 6
assignment) 7
(1) Section 235, `water permit'-- 8
omit, insert-- 9
`seasonal water assignment notice'. 10
(2) Section 235(c), `permit'-- 11
omit, insert-- 12
`notice'. 13
Clause 91 Amendment of s 236 (Application of ss 25, 243 and 244 to 14
water permit) 15
(1) Section 236, heading, `to water permit'-- 16
omit. 17
(2) Section 236, from `to a water permit'-- 18
omit, insert-- 19
`to a seasonal water assignment notice as if a reference in the 20
sections to a water permit were a reference to a seasonal water 21
assignment notice.'. 22
Clause 92 Amendment of s 266 (Applying for permit to destroy 23
vegetation, excavate or place fill in a watercourse, lake or 24
spring) 25
Section 266(2)-- 26
omit, insert-- 27
`(2) Subsection (2A) applies if the applicant is neither of the 28
following in relation to land that wholly contains the 29
watercourse, lake or spring or the part of the watercourse, lake 30
or spring where the activity is to take place-- 31
s 93 58 s 94
Water and Other Legislation Amendment Bill 2005
(a) the registered owner of the land; 1
(b) the holder of a mineral development licence or a mining 2
lease under the Mineral Resources Act 1989 for the land. 3
`(2A) The application must include the written consent of the 4
registered owners of land-- 5
(a) wholly containing the length of the watercourse in 6
which the activity is to take place or the part of the lake 7
or spring where the activity is to take place; or 8
(b) adjoining the watercourse, lake or spring where the 9
activity is to take place.'. 10
Clause 93 Amendment of s 267 (Additional information may be 11
required) 12
Section 267(2)-- 13
omit, insert-- 14
`(2) If the applicant fails, without reasonable excuse, to comply 15
with the requirement within the reasonable time stated in the 16
requirement, the application lapses.'. 17
Clause 94 Amendment of s 273 (Notice to owner of land to remove 18
vegetation etc.) 19
(1) Section 273-- 20
insert-- 21
`(1A) This section also applies if-- 22
(a) there is, in a watercourse or lake, vegetation, litter, 23
refuse or other matter; and 24
(b) the circumstances of the vegetation, litter, refuse or 25
matter in the watercourse or lake correspond to the 26
circumstances required under subsection (1)(b) in 27
relation to vegetation, litter, refuse or matter; and 28
(c) the watercourse or lake is on land or forms a boundary 29
or part of a boundary of land.'. 30
(2) Section 273(2), `the person'-- 31
omit, insert-- 32
s 95 59 s 96
Water and Other Legislation Amendment Bill 2005
`the owner'. 1
(3) Section 273-- 2
insert-- 3
`(2A) However, in relation to a watercourse forming a boundary, or 4
part of a boundary, of the owner's land, the notice must not 5
require the owner to take action beyond the centre-line of the 6
watercourse.'. 7
(4) Section 273(4), `section'-- 8
omit, insert-- 9
`sections 783 and'. 10
Clause 95 Amendment of s 300 (Additional information may be 11
required) 12
Section 300(2)-- 13
omit, insert-- 14
`(2) If the applicant fails, without reasonable excuse, to comply 15
with the requirement within the reasonable time stated in the 16
requirement, the application lapses.'. 17
Clause 96 Amendment of s 370 (Who must apply for registration as 18
a service provider) 19
Section 370(c)-- 20
omit, insert-- 21
`(c) each person who is-- 22
(i) the legal owner of 1 or more elements of 23
infrastructure for supplying water or sewerage 24
services for which a charge is intended to be made; 25
or 26
(ii) if a person is nominated in a regulation as a related 27
entity of a person mentioned in 28
subparagraph (i)--the person nominated.'. 29
s 97 60 s 99
Water and Other Legislation Amendment Bill 2005
Clause 97 Insertion of new s 376B 1
After section 376A-- 2
insert-- 3
`376B Applying for cancellation of registration as service 4
provider 5
`(1) A service provider may apply to the regulator to have the 6
provider's registration cancelled if the provider has not 7
supplied, and does not intend to start supplying, the service 8
for which the provider is registered. 9
`(2) The application must be-- 10
(a) made in the approved form; and 11
(b) supported by sufficient information to enable the 12
regulator to decide the application. 13
`(3) The regulator may require-- 14
(a) the applicant to give additional information about the 15
application; or 16
(b) the information included in the application, or the 17
additional information required under paragraph (a), to 18
be verified by statutory declaration. 19
`(4) If the regulator is satisfied the applicant has complied with 20
subsections (1) to (3), the regulator must-- 21
(a) cancel the service provider's registration as a service 22
provider for the infrastructure and services shown in the 23
application; and 24
(b) give the service provider notice of the cancellation 25
under paragraph (a).'. 26
Clause 98 Omission of ch 3, pt 3, div 1, sdivs 1 and 2, hdgs 27
Chapter 3, part 3, division 1, subdivisions 1 and 2, headings-- 28
omit. 29
Clause 99 Amendment of s 412 (Refusing strategic asset 30
management plan) 31
Section 412(5)-- 32
s 100 61 s 101
Water and Other Legislation Amendment Bill 2005
omit, insert-- 1
`(5) The service provider must comply with the requirements 2
given to the provider under subsection (4) and give the 3
regulator a copy of the revised plan or new plan for approval 4
under section 411. 5
Maximum penalty for subsection (5)--500 penalty units.'. 6
Clause 100 Amendment of s 414 (Complying with approved strategic 7
asset management plan) 8
Section 414-- 9
insert-- 10
`Maximum penalty--500 penalty units.'. 11
Clause 101 Insertion of new ch 3, pt 3, divs 1A and 1B 12
Chapter 3, part 3, after section 414-- 13
insert-- 14
`Division 1A System leakage management plans 15
`Subdivision 1 Preliminary 16
`414A Application of div 1A 17
`This division applies only to water service providers but does 18
not apply to water service providers who supply only drainage 19
services. 20
`Subdivision 2 Preparing and submitting plan 21
`414B Preparing system leakage management plans 22
`(1) Each water service provider must have an approved system 23
leakage management plan directed at minimising water losses 24
from leakage from the water service provider's distribution 25
system. 26
s 101 62 s 101
Water and Other Legislation Amendment Bill 2005
`(2) The water service provider must prepare a system leakage 1
management plan for approval by the regulator. 2
`(3) The plan must be prepared in accordance with any guidelines 3
issued by the regulator for preparing the plan and state-- 4
(a) the registered services to which the plan applies; and 5
(b) the infrastructure for providing the services; and 6
(c) details of system leakage and how it was worked out; 7
and 8
(d) details of measures to reduce the leakage; and 9
(e) details of a cost-benefit analysis, for the distribution 10
system, in relation to implementing the measures; and 11
(f) the water service provider's plan for implementing, 12
including proposed timing for implementing, the 13
measures that are cost-effective to implement; and 14
(g) the amount of money the water service provider intends 15
to spend, and when the money is to be spent, to 16
implement the plan. 17
`(4) The plan may be part of a document prepared for another 18
purpose if the part fulfils the requirements of subsection (3). 19
`414C Certifying system leakage management plan 20
`(1) The system leakage management plan must be certified by a 21
registered professional engineer as being appropriate for the 22
water service provider's infrastructure and registered services. 23
`(2) The certification must include the engineer's name and 24
registration details. 25
`414D Submitting system leakage management plan for 26
approval 27
`The water service provider must, within 2 years after the day 28
the service provider is registered, give a copy of the system 29
leakage management plan, prepared for the purposes of 30
section 414B and certified for the purposes of section 414C, 31
to the regulator for approval. 32
Maximum penalty--200 penalty units. 33
s 101 63 s 101
Water and Other Legislation Amendment Bill 2005
`Subdivision 3 Exemption from preparing plan 1
`414E Application for exemption 2
`(1) A water service provider may apply to the regulator for an 3
exemption from complying with subdivision 2. 4
`(2) The application must be-- 5
(a) in the approved form; and 6
(b) supported by sufficient information to enable the 7
regulator to decide the application. 8
`(3) For approval under section 414F(1)(b)(iv), (v), (vi) or (vii), 9
the application must include details of the current water 10
leakage from the distribution system. 11
`(4) Also, for approval under section 414F(1)(b)(vii), the 12
application must include details of-- 13
(a) available measures to reduce the current water leakage; 14
and 15
(b) an analysis of whether the cost of implementing the 16
measures would outweigh the benefits to be gained. 17
`(5) The application must be certified as being accurate for the 18
water service provider's infrastructure and registered 19
services-- 20
(a) for approval under section 414F(1)(b)(i), (ii), (iii), (v) 21
or (vi)--by the chief executive officer, however named, 22
of the water service provider; or 23
(b) for approval under section 414F(1)(b)(iv) or (vii)--by a 24
registered professional engineer. 25
`(6) A certification under subsection (5)(b) must include the 26
engineer's name and registration details. 27
`414F Deciding the application 28
`(1) The regulator must grant the application if-- 29
(a) the application complies with section 414E; and 30
(b) the regulator is satisfied-- 31
s 101 64 s 101
Water and Other Legislation Amendment Bill 2005
(i) the water service provider's distribution system is 1
considered relatively new under guidelines issued 2
by the regulator; or 3
(ii) the water service distributes underground water 4
from the Great Artesian Basin primarily for stock 5
and domestic purposes; or 6
(iii) the water service provider's distribution system is 7
designed to operate as a groundwater recharge 8
system; or 9
(iv) current water leakage from the distribution system 10
is considered low under the guidelines; or 11
(v) current water leakage from the distribution system 12
is considered high under the guidelines but the 13
water service provider does not have the financial 14
capacity to undertake a cost-benefit analysis for the 15
distribution system; or 16
(vi) current water leakage from the distribution system 17
is considered high under the guidelines but the cost 18
of undertaking a cost-benefit analysis for the 19
distribution system is more than the cost of the 20
water that could be recovered; or 21
(vii) a cost-benefit analysis for the distribution system 22
shows that it is not cost-effective to implement any 23
measures to reduce leakage. 24
`(2) Otherwise, the regulator must refuse to grant the application. 25
`(3) Within 10 business days after deciding the application, the 26
regulator must give the water service provider an information 27
notice about the decision. 28
`414G Conditions of exemption 29
`(1) An exemption applies only for the period of time for which it 30
is granted. 31
`(2) An exemption granted under section 414F(1)(b)(iv), (v), (vi) 32
or (vii) is subject to the following conditions-- 33
s 101 65 s 101
Water and Other Legislation Amendment Bill 2005
(a) the water service provider must have in place a leakage 1
control system of a standard approved under guidelines 2
issued by the regulator; 3
(b) the water service provider must, for each 2 year period 4
the exemption is in force, give the regulator a report on 5
the leakage levels. 6
`(3) The exemption applies only if the conditions are complied 7
with. 8
`414H Cancelling or amending an exemption 9
`(1) If the circumstances under which an exemption was given 10
change, the water service provider must immediately give the 11
regulator notice of the change. 12
`(2) The regulator may amend or cancel an exemption-- 13
(a) after receiving notice under subsection (1); or 14
(b) if the regulator otherwise becomes aware of a change in 15
the circumstances under which an exemption was given. 16
`(3) If the regulator amends or cancels an exemption, the regulator 17
must give the water service provider an information notice 18
about the decision to amend or cancel. 19
`Subdivision 4 Approving or refusing to approve 20
plan 21
`414I Approving system leakage management plan 22
`(1) The regulator must, within 3 months after receiving, under 23
section 414D, a system leakage management plan for 24
approval, approve the plan, and give the water service 25
provider notice of the approval, if the regulator is satisfied-- 26
(a) the plan was certified by a registered professional 27
engineer; and 28
(b) the plan is adequate in all material particulars. 29
`(2) A notice given under subsection (1) must tell the water service 30
provider-- 31
s 101 66 s 101
Water and Other Legislation Amendment Bill 2005
(a) the intervals, of not less than 1 year, at which regular 1
reviews of the approved plan must be conducted; and 2
(b) if the regulator requires regular audits of the approved 3
plan under section 417--the intervals, of not less than 4
2 years, at which the audits must be conducted. 5
`414J Refusing to approve system leakage management 6
plan 7
`(1) If the regulator is not satisfied that the system leakage 8
management plan has been certified by a registered 9
professional engineer, the regulator must-- 10
(a) return the plan to the water service provider; and 11
(b) give the water service provider a notice stating that the 12
plan must be-- 13
(i) certified by a registered professional engineer; and 14
(ii) returned to the regulator within the reasonable time 15
stated in the notice. 16
`(2) The water service provider must comply with the notice. 17
Maximum penalty--200 penalty units. 18
`(3) If the regulator is not satisfied that the plan is adequate in all 19
material particulars, the regulator must return the plan to the 20
water service provider and give the service provider an 21
information notice about the decision not to approve the plan. 22
`(4) For deciding if a plan is inadequate in a material particular, 23
the regulator must, in considering any material particular, take 24
account of cost considerations for the water service provider 25
and its customers. 26
`(5) The information notice must also state how the plan is 27
inadequate in any material particular and include a 28
requirement that-- 29
(a) the plan be revised to make it adequate and returned to 30
the regulator within the reasonable time stated in the 31
notice; or 32
s 101 67 s 101
Water and Other Legislation Amendment Bill 2005
(b) a new plan that is adequate be prepared, certified and 1
given to the regulator within the reasonable time stated 2
in the notice. 3
`(6) The water service provider must comply with a requirement 4
included in the information notice under subsection (5). 5
Maximum penalty for subsection (6)--200 penalty units. 6
`414K Regulator may seek further information 7
`(1) If the regulator is not satisfied about a matter mentioned in 8
section 414I(1) in relation to a plan received, the regulator 9
may require the water service provider to provide further 10
information about the matter. 11
`(2) If the water service provider does not provide the information 12
within the reasonable time stated in the request, the 13
regulator-- 14
(a) must refuse to approve the plan; and 15
(b) must give an information notice under section 414J(3) 16
stating that the plan is inadequate on the basis that the 17
information has not been given. 18
`Subdivision 5 Miscellaneous 19
`414L Changing system leakage management plan 20
`(1) A water service provider may, with the regulator's agreement, 21
change a system leakage management plan after it is 22
approved. 23
`(2) The plan, as changed in the way agreed by the regulator, is 24
taken to be approved by the regulator. 25
s 102 68 s 102
Water and Other Legislation Amendment Bill 2005
`414M Complying with approved system leakage 1
management plan 2
`A water service provider must comply with the provider's 3
approved system leakage management plan when supplying 4
water services to the service provider's customers. 5
Maximum penalty--200 penalty units. 6
`Division 1B Audit reports and reviews 7
`414N Application of div 1B 8
`This division applies to strategic asset management plans, 9
system leakage management plans and drought management 10
plans.'. 11
Clause 102 Amendment of s 415 (Reviewing strategic asset 12
management plan) 13
(1) Section 415, heading-- 14
omit, insert-- 15
`415 Reviewing plans'. 16
(2) Section 415(2) and (3)-- 17
renumber as section 415(3) and (4). 18
(3) Section 415(1)-- 19
omit, insert-- 20
`(1) A service provider must regularly review the service 21
provider's strategic asset management plan, in accordance 22
with the notice given by the regulator under section 411. 23
Maximum penalty--500 penalty units. 24
`(2) A service provider must regularly review the service 25
provider's system leakage management plan, in accordance 26
with the notice given by the regulator under section 414I. 27
Maximum penalty--200 penalty units.'. 28
s 103 69 s 104
Water and Other Legislation Amendment Bill 2005
Clause 103 Amendment of s 416 (Changing strategic asset 1
management plan following review) 2
(1) Section 416, heading-- 3
omit, insert-- 4
`416 Changing plans following review'. 5
(2) Section 416(3), `Section 411 applies'-- 6
omit, insert-- 7
`Sections 409, 411 and 412 apply'. 8
(3) Section 416-- 9
insert-- 10
`(4) Within 30 business days after the review of a system leakage 11
management plan ends, the service provider must-- 12
(a) if the review indicates the plan needs to be changed to 13
reflect best practice industry standards for the types of 14
services provided by the service provider--give the 15
regulator a copy of a new plan indicating the actions 16
taken or planned to be taken and improvements made or 17
planned to be made since the plan being reviewed was 18
approved; or 19
(b) otherwise--give the regulator a further copy of the 20
existing plan. 21
Maximum penalty--200 penalty units. 22
`(5) Sections 414C, 414I and 414J apply to a plan given to the 23
regulator under subsection (4).'. 24
Clause 104 Amendment of s 417 (Providing regular audit reports) 25
(1) Section 417(1)-- 26
omit, insert-- 27
`(1) The service provider must, in accordance with the 28
requirements of this section, arrange for regular audit reports 29
about the service provider's plans and compliance with the 30
plans to be prepared and given to the regulator. 31
s 105 70 s 106
Water and Other Legislation Amendment Bill 2005
Maximum penalty-- 1
(a) in relation to a strategic asset management 2
plan--500 penalty units; or 3
(b) in relation to a system leakage management 4
plan--200 penalty units. 5
`(1A) A regular audit report must be prepared in accordance with 6
the notice given by the regulator-- 7
(a) for a strategic asset management plan--under 8
section 411; and 9
(b) for a system leakage management plan--under 10
section 414I.'. 11
(2) Section 417(3), penalty-- 12
omit. 13
Clause 105 Amendment of s 419 (Spot audits of strategic asset 14
management plans) 15
(1) Section 419, heading, `strategic asset management'-- 16
omit. 17
(2) Section 419(1)(a)(i) and (ii), (2) and (5)(a), after `plan'-- 18
insert-- 19
`or system leakage management plan'. 20
(3) Section 419(7), penalty-- 21
omit, insert-- 22
`Maximum penalty-- 23
(a) for a notice about a strategic asset management 24
plan--1 655 penalty units; or 25
(b) for a notice about a system leakage management 26
plan--670 penalty units.'. 27
Clause 106 Insertion of new ch 3, pt 3, div 2A 28
After section 429-- 29
insert-- 30
s 106 71 s 106
Water and Other Legislation Amendment Bill 2005
`Division 2A Drought management plans 1
`429A Purpose of div 2A 2
`The purpose of this division is to ensure water service 3
providers have drought management plans in place to 4
minimise the impact on communities of water shortages 5
caused by drought. 6
`429B Application of div 2A 7
`This division applies only to water service providers but does 8
not apply to-- 9
(a) a water service provider to the extent the provider is 10
supplying water services to a customer who holds a 11
water entitlement; or 12
(b) a water service provider who supplies only drainage 13
services. 14
`429C Preparing drought management plans 15
`(1) Each water service provider must have a drought management 16
plan for-- 17
(a) each service area in which the water service provider 18
supplies a retail water service; and 19
(b) if the water service provider is a water authority 20
established for an authority area--the authority area; 21
and 22
(c) if the water service provider is the legal owner of 1 or 23
more elements of infrastructure for supplying water 24
services for which a charge is intended to be 25
made--each area in which the water service provider 26
supplies a water service. 27
28
Note--
29
Failure to comply with this provision results in a report being tabled in
30
the Legislative Assembly under section 429K.
`(2) In preparing the drought management plan, the water service 31
provider must-- 32
s 106 72 s 106
Water and Other Legislation Amendment Bill 2005
(a) consult with the water service provider's customers and, 1
if the water is being managed under an interim resource 2
operations licence or resource operations licence, the 3
holder of the interim resource operations licence or 4
resource operations licence; and 5
(b) consider the following-- 6
(i) the needs of classes of customers and whether the 7
needs vary according to the location to which 8
water is being supplied; 9
(ii) the likely future requirements of customers for 10
water; 11
(iii) the contractual rights of customers and classes of 12
customers; 13
(iv) the availability and proposed use of water from 14
various sources, including sources intended to be 15
used only in an emergency; and 16
(c) ensure the plan is consistent with any requirements, 17
about drought or critical water supply management-- 18
(i) under the resource operations plan for the area; or 19
(ii) in a plan prepared under the resource operations 20
plan for the area; or 21
(iii) in a plan prepared for an interim resource 22
operations licence in the area. 23
`(3) The drought management plan must be prepared in 24
accordance with any guidelines issued by the regulator for 25
preparing drought management plans and state-- 26
(a) the registered water service and area to which the plan 27
applies; and 28
(b) the infrastructure for providing the services; and 29
(c) details of the situations in which the water service 30
provider intends to act under part 2, division 31 or take 31
other measures to minimise the impact of water 32
shortages; and 33
1 Part 2 (Service providers), division 3 (Power to restrict water supply)
s 106 73 s 106
Water and Other Legislation Amendment Bill 2005
(d) details of the actions intended to be taken under part 2, 1
division 3 or other measures intended to be taken. 2
`(4) The drought management plan may be part of a document 3
prepared for another purpose if the part fulfils the 4
requirements of this section. 5
`429D Certifying drought management plan 6
`The drought management plan must be certified by the chief 7
executive officer, however named, of the water service 8
provider as being the drought management plan for the 9
provider. 10
`429E Submitting drought management plan for registration 11
`The water service provider must, within 1 year after the day 12
the service provider is registered-- 13
(a) prepare a drought management plan for the water 14
service; and 15
(b) give a copy of the plan to the regulator for registration. 16
`429F Exemption from preparing drought management plan 17
`(1) A water service provider may apply to the regulator for an 18
exemption from complying with this division for an area in 19
which the provider supplies a water service. 20
`(2) The application must be-- 21
(a) in the approved form; and 22
(b) supported by sufficient information to enable the 23
regulator to decide the application. 24
`(3) The regulator must approve the application if the regulator is 25
satisfied the water service provider supplies at least 70% of 26
the water service for the area from a source or sources that can 27
not be affected by drought. 28
29
Examples of sources--
30
underground water from the Great Artesian Basin, desalinated
31
sea water
s 106 74 s 106
Water and Other Legislation Amendment Bill 2005
`(4) Unless the regulator is satisfied under subsection (3), the 1
regulator must refuse the application. 2
`(5) Within 10 business days after deciding the application, the 3
regulator must give the water service provider an information 4
notice about the decision. 5
`429G Cancelling or amending exemption from preparing 6
drought management plan 7
`(1) If the circumstances under which an exemption was given 8
change, the water service provider must immediately give the 9
regulator notice of the change. 10
`(2) The regulator may amend or cancel an exemption-- 11
(a) after receiving notice under subsection (1) for the 12
exemption; or 13
(b) if the regulator becomes aware of a change in the 14
circumstances under which the exemption was given. 15
`(3) If the regulator amends or cancels an exemption, the regulator 16
must give the water service provider an information notice 17
about the decision to amend or cancel the exemption. 18
`429H Registering a drought management plan 19
`(1) If the regulator is satisfied a drought management plan 20
complies with the registration criteria in any guidelines issued 21
by the regulator for preparing the plan, the regulator must, as 22
soon as practicable after receiving a copy of the plan-- 23
(a) register the plan; and 24
(b) give the water service provider notice of the registration. 25
`(2) The notice must also tell the water service provider the 26
intervals, of not less than 1 year, at which regular reviews of 27
the plan must be conducted. 28
`(3) Registration under subsection (1) is not approval of the 29
contents of the plan by the regulator. 30
s 107 75 s 107
Water and Other Legislation Amendment Bill 2005
`429I Changing a drought management plan 1
`(1) The water service provider may change the drought 2
management plan after it is registered. 3
`(2) As soon as practicable after changing the drought 4
management plan, the water service provider must-- 5
(a) have the changed plan certified under section 429D; and 6
(b) give a copy of the changed plan to the regulator for 7
registration under section 429H. 8
`429J Complying with drought management plan 9
`The water service provider must comply with the drought 10
management plan when supplying water services to the 11
service provider's customers. 12
Maximum penalty--200 penalty units. 13
`429K Tabling in Legislative Assembly 14
`The Minister must, as soon as practicable after 1 January 15
each year-- 16
(a) prepare a list of the water service providers who-- 17
(i) do not have a drought management plan registered 18
under section 429H; and 19
(ii) do not have an exemption under section 429F from 20
preparing a drought management plan; and 21
(b) table the list in the Legislative Assembly.'. 22
Clause 107 Amendment of s 430 (Service provider to report annually) 23
(1) Section 430(1), after `plan'-- 24
insert-- 25
`or system leakage management plan'. 26
(2) Section 430(4)(a)(i), after `plan'-- 27
insert-- 28
`and the system leakage management plan'. 29
s 108 76 s 108
Water and Other Legislation Amendment Bill 2005
(3) Section 430(5), `A copy of the report must be given'-- 1
omit, insert-- 2
`The service provider must give a copy of the report' 3
(4) Section 430(6) and (7)-- 4
omit, insert-- 5
`(6) Subsections (4) and (5) do not apply to a service provider that 6
is-- 7
(a) a local government if-- 8
(i) the local government includes the information 9
mentioned in subsection (4) in a report required 10
under the Local Government Act 1993, 11
section 531; and 12
(ii) the local government gives a copy of the report to 13
the regulator within 30 business days after the 14
report is adopted; or 15
(b) the chief executive if-- 16
(i) the chief executive includes the information 17
mentioned in subsection (4) in a report required 18
under the Financial Administration and Audit Act 19
1977, section 39; and 20
(ii) the chief executive gives a copy of the report to the 21
regulator within 30 business days after the report is 22
given to the Minister. 23
`(7) A copy of a report mentioned in subsection (4) or (6) must be 24
available for inspection and purchase.'. 25
Clause 108 Amendment of s 434 (Small service providers may apply 26
for exemption from divs 13) 27
(1) Section 434, heading, `from divs 13'-- 28
omit. 29
(2) Section 434(1), from `with'-- 30
omit, insert-- 31
`with-- 32
s 109 77 s 111
Water and Other Legislation Amendment Bill 2005
(a) divisions 1 and 1B in relation to a strategic asset 1
management plan; or 2
(b) division 2; or 3
(c) all or part of division 3 in relation to a strategic asset 4
management plan.'. 5
Clause 109 Amendment of s 435 (Deciding application for exemption) 6
Section 435(1)(a) to (c)-- 7
omit, insert-- 8
`(a) divisions 1 and 1B in relation to a strategic asset 9
management plan; 10
(b) division 2; 11
(c) all or part of division 3 in relation to a strategic asset 12
management plan.'. 13
Clause 110 Amendment of s 487 (Accepting, rejecting or reviewing 14
failure impact assessment) 15
Section 487-- 16
insert-- 17
`(3) Without limiting subsection (2), the chief executive may 18
require the preparation of documents including a 19
comprehensive report, by a registered professional engineer, 20
on the design and operation of the dam.'. 21
Clause 111 Amendment of s 491 (Safety conditions for existing 22
referable dams) 23
Section 491-- 24
insert-- 25
`(3A) Without limiting subsection (2), the notice may require the 26
preparation of documents including a comprehensive report, 27
by a registered professional engineer, on the design and 28
operation of the dam.'. 29
s 112 78 s 113
Water and Other Legislation Amendment Bill 2005
Clause 112 Amendment of s 492 (Changing conditions) 1
(1) Section 492(1), `in the interests of dam safety'-- 2
omit. 3
(2) Section 492(1A) to (5)-- 4
renumber as section 492(2), (6), (7), (8), (9) and (10). 5
(3) Section 492-- 6
insert-- 7
`(3) In deciding what the conditions should be, the chief executive 8
may give the owner of the dam a notice requesting the owner 9
to give the chief executive-- 10
(a) within the reasonable time stated in the notice, 11
information that will help the chief executive to decide 12
the conditions to be applied; and 13
(b) the fee prescribed under a regulation. 14
`(4) The owner must comply with the notice, unless the owner has 15
a reasonable excuse. 16
Maximum penalty--200 penalty units. 17
`(5) Without limiting subsection (3), the notice may require the 18
preparation of documents including a comprehensive report, 19
by a registered professional engineer, on the design and 20
operation of the dam.'. 21
Clause 113 Replacement of s 494 (Emergency powers) 22
Section 494-- 23
omit, insert-- 24
`494 Emergency powers 25
`(1) This section applies if the chief executive is satisfied, or 26
reasonably believes-- 27
(a) there is danger of the failure of-- 28
(i) a referable dam; or 29
(ii) a dam for which no failure impact assessment has 30
been carried out, if the chief executive reasonably 31
believes that if an assessment were carried out, the 32
s 113 79 s 113
Water and Other Legislation Amendment Bill 2005
dam would have a category 1 or category 2 failure 1
impact rating; and 2
(b) action is necessary to prevent the failure or minimise its 3
impact. 4
`(2) The chief executive may, by notice, direct the owner of the 5
land on which the part of the dam where the action is 6
necessary is situated (the emergency part), or the operator of 7
the dam, to take stated reasonable action within a stated 8
reasonable time. 9
`(3) The notice-- 10
(a) is taken to be a compliance notice; and 11
(b) is not a compliance notice for which a show cause notice 12
must first be given; and 13
(c) if the emergency part is land other than land mentioned 14
in paragraph (d)--attaches to the land and binds the 15
owner of the land and the owner's successors in title; 16
and 17
(d) if the emergency part is land leased from the State under 18
the Land Act 1994--is taken to be a remedial action 19
notice under the Land Act 1994, other than for the 20
purposes of a review of, or an appeal against, the 21
decision to give the notice.2 22
`(4) The person to whom the notice is given and any person bound 23
by the notice under subsection (3)(c) must comply with the 24
notice, unless the person has a reasonable excuse. 25
Maximum penalty--1 665 penalty units. 26
`(5) Subsection (4) does not apply if the person to whom the notice 27
is given-- 28
(a) gives the chief executive notice that the person intends 29
to remove the dam; and 30
(b) complies with the intention in accordance with any 31
direction given by the chief executive. 32
`(6) Subsection (7) applies if-- 33
2 See chapter 6.
s 113 80 s 113
Water and Other Legislation Amendment Bill 2005
(a) the person to whom the notice is given does not comply, 1
or does not fully comply, with the notice; and 2
(b) the chief executive incurs expense under section 783(1) 3
or (3) in relation to the notice. 4
`(7) The chief executive may give the owner a notice stating the 5
action taken under section 783(1) or (3) and the amount of the 6
expense incurred (the debt). 7
`(8) If the chief executive gives a notice under subsection (7) in 8
relation to land mentioned in subsection (3)(c)-- 9
(a) the debt becomes a charge on the land; and 10
(b) the chief executive must lodge in the land registry-- 11
(i) a request in the appropriate form to register the 12
charge as an encumbrance over the land; and 13
(ii) a certificate signed by the chief executive stating 14
the debt is a charge over the land under this 15
section; and 16
(iii) a copy of the notice given under subsection (7); 17
and 18
(c) the charge is in addition to any other remedy the chief 19
executive has for recovery of the debt. 20
`(9) The chief executive must, as soon as practicable after 21
payment of the debt, lodge in the land registry-- 22
(a) a request in the appropriate form to release the charge; 23
and 24
(b) a certificate stating that the debt has been paid. 25
`(10) The chief executive may at any time lodge in the land 26
registry-- 27
(a) a request to vary or release the charge; and 28
(b) for a request to vary a charge--a certificate stating the 29
type of variation requested. 30
`(11) If the chief executive gives a notice under subsection (7) in 31
relation to land mentioned in subsection (3)(d)-- 32
(a) the debt is a condition of the lease from the day the 33
notice is given; and 34
s 114 81 s 115
Water and Other Legislation Amendment Bill 2005
(b) the chief executive must lodge in the land registry-- 1
(i) a request in the appropriate form to register the 2
details of the condition; and 3
(ii) a certificate signed by the chief executive stating 4
the details of the debt; and 5
(iii) a copy of the notice given under subsection (7); 6
and 7
(c) the condition is in addition to any other remedy the chief 8
executive has for recovery of the debt; and 9
(d) if the owner has possession of a tenure document for the 10
lease--the owner must return the tenure document to the 11
land registry. 12
`(12) Subsection (13) applies if the chief executive is satisfied, or 13
reasonably believes-- 14
(a) there is imminent danger of the failure of a dam; and 15
(b) immediate action is necessary to prevent or minimise 16
the impact of the failure. 17
`(13) The chief executive may give the notice required under 18
subsection (2) verbally or by leaving the notice on the land. 19
`(14) For giving notice under subsection (13), it is sufficient to give 20
the notice to an employee or agent of the owner or operator.'. 21
Clause 114 Amendment of s 498 (Amending flood mitigation manual) 22
Section 498(3), `The'-- 23
omit, insert-- 24
`If the owner complies with the chief executive's request, the'. 25
Clause 115 Amendment of s 500 (Protection from liability for 26
complying with flood mitigation manual) 27
(1) Section 500(4), definition owner, paragraphs (a) to (c)-- 28
renumber as paragraphs (b) to (d). 29
(2) Section 500(4), definition owner-- 30
s 116 82 s 119
Water and Other Legislation Amendment Bill 2005
insert-- 1
`(a) the operator of the dam; or'. 2
Clause 116 Amendment of s 569 (Main function of water authority) 3
Section 569(3)(a)(ii), `it's'-- 4
omit, insert-- 5
`its'. 6
Clause 117 Amendment of s 580 (Notice of proposed significant 7
action) 8
(1) Section 580(2), `the water authority'-- 9
omit, insert-- 10
`and as soon as practicable after proposing to do it, the water 11
authority'. 12
(2) Section 580(3)-- 13
omit, insert-- 14
`(3) A category 1 water authority is not required to comply with 15
subsection (2) if, before taking the proposed significant 16
action, the authority gives details of the proposed significant 17
action in its performance plan.'. 18
Clause 118 Amendment of ch 4, pt 7, hdg 19
Chapter 4, part 7, heading, after `authorities'-- 20
insert-- 21
`and authority areas'. 22
Clause 119 Amendment of ch 4, pt 7, div 1, hdg 23
Chapter 4, part 7, division 1, heading, after `authorities'-- 24
insert-- 25
`and authority areas'. 26
s 120 83 s 121
Water and Other Legislation Amendment Bill 2005
Clause 120 Amendment of s 690 (Amalgamating water authorities 1
and authority areas) 2
(1) Section 690(2)-- 3
insert-- 4
`(d) if the former authorities had authority areas--dissolve 5
the areas.'. 6
(2) Section 690-- 7
insert-- 8
`(3) A regulation may amalgamate 2 or more former water areas-- 9
(a) taken, under section 1083(2), to be authority areas; and 10
(b) for which the chief executive continues to perform the 11
functions of a water authority. 12
`(4) The regulation must-- 13
(a) identify the new area; and 14
(b) dissolve the former areas.'. 15
Clause 121 Amendment of s 691 (Dissolution of water authority and 16
authority area) 17
Section 691-- 18
insert-- 19
`(3) If the Minister is satisfied that either of the following no 20
longer serves the function for which it was established, a 21
regulation may dissolve-- 22
(a) a former water area-- 23
(i) taken, under section 1083(2), to be an authority 24
area; and 25
(ii) for which the chief executive continues to perform 26
the functions of a water authority; or 27
(b) an authority area whose water authority was dissolved 28
under subsection (1)(d). 29
`(4) The chief executive's appointment to perform the functions of 30
a water authority, for an authority area dissolved under 31
subsection (3), ceases on the dissolution of the area.'. 32
s 122 84 s 123
Water and Other Legislation Amendment Bill 2005
Clause 122 Amendment of s 692 (Public notice of proposed 1
amalgamation or dissolution) 2
(1) Section 692, `dissolves a water authority'-- 3
omit, insert-- 4
`authority areas or dissolves a water authority or an authority 5
area'. 6
(2) Section 692(b)-- 7
omit, insert-- 8
`(b) for a proposed amalgamation of water authorities or 9
dissolution of a water authority--a newspaper 10
circulating-- 11
(i) if any of the authorities proposed to be 12
amalgamated have an authority area--generally, in 13
each authority area; or 14
(ii) if the authority proposed to be dissolved has an 15
authority area--generally, in the authority area; or 16
(iii) otherwise--throughout the State; and 17
(c) for a proposed amalgamation of authority areas or 18
dissolution of an authority area--a newspaper 19
circulating generally in the authority area or areas.'. 20
(3) Section 692-- 21
insert-- 22
`(2) For a proposed amalgamation or dissolution of a former water 23
area or authority area mentioned in section 691(3)-- 24
(a) subsection (1)(c) does not apply; but 25
(b) the chief executive must give the notice to all 26
landholders in the former water area or authority area 27
who are being supplied with water at the time of the 28
proposed amalgamation or dissolution.'. 29
Clause 123 Amendment of s 693 (Content of notice of proposed 30
amalgamation or dissolution) 31
(1) Section 693(1), after `amalgamation', first mention-- 32
insert-- 33
s 124 85 s 125
Water and Other Legislation Amendment Bill 2005
`of water authorities'. 1
(2) Section 693-- 2
insert-- 3
`(1A) For a proposed amalgamation of authority areas, the notice 4
must identify the areas.'. 5
(3) Section 693(2), after `dissolution', first mention-- 6
insert-- 7
`of a water authority'. 8
(4) Section 693-- 9
insert-- 10
`(2A) A notice under subsection (2) may include any other 11
information the chief executive considers necessary. 12
`(2B) For a proposed dissolution of an authority area under 13
section 691(3), the notice must-- 14
(a) identify the area; and 15
(b) state the proposed arrangements for any water 16
infrastructure in the area.'. 17
(5) Section 693(3)(b), after `published'-- 18
insert-- 19
`or given'. 20
Clause 124 Amendment of s 694 (Considering submissions on 21
proposed amalgamation or dissolution) 22
Section 694, after `authority'-- 23
insert-- 24
`or authority area'. 25
Clause 125 Amendment of s 695 (Water authority may request its 26
dissolution) 27
(1) Section 695(1)(b), `a majority of its'-- 28
omit, insert-- 29
s 126 86 s 127
Water and Other Legislation Amendment Bill 2005
`at least two thirds of the'. 1
(2) Section 695-- 2
insert-- 3
`(2A) Before conducting the special ballot, the water authority must 4
give all ratepayers details of the possible consequences for the 5
ratepayers of the proposed conversion.'. 6
(3) Section 695-- 7
insert-- 8
`(3A) The chief executive may require the authority to provide 9
further particulars of the proposed conversion.'. 10
Clause 126 Amendment of s 740 (Functions and powers of 11
authorised officers) 12
Section 740(1)(b)(ii)-- 13
omit, insert-- 14
`(ii) the Integrated Planning Act 1997 so far as that Act 15
relates to-- 16
(A) a development condition; or 17
(B) operations of any kind and all things 18
constructed or installed for taking, or 19
interfering with, water under this Act; or 20
(C) all aspects of development for removing 21
quarry material from a watercourse or lake if 22
an allocation notice is required under this 23
Act.'. 24
Clause 127 Amendment of s 747 (Power to enter land to collect 25
information) 26
(1) Section 747, heading, `to collect information'-- 27
omit, insert-- 28
`in relation to information collection'. 29
(2) Section 747(1)-- 30
insert-- 31
s 128 87 s 129
Water and Other Legislation Amendment Bill 2005
`(e) to retrieve or decommission monitoring equipment 1
previously constructed on the land.'. 2
(3) Section 747(5)-- 3
omit. 4
Clause 128 Amendment of s 752 (Issue of warrant) 5
(1) Section 752(1)(a)-- 6
omit, insert-- 7
`(a) there is a particular thing or activity (the evidence) that 8
may provide evidence of-- 9
(i) an offence against this Act; or 10
(ii) an Integrated Planning Act 1997 offence; and'. 11
(2) Section 752(2)(a), after `that'-- 12
insert-- 13
`any authorised officer or'. 14
(3) Section 752(2)(e)-- 15
renumber as section 752(2)(f). 16
(4) Section 752(2)-- 17
insert-- 18
`(e) the extent of re-entry permitted; and'. 19
(5) Section 752-- 20
insert-- 21
`(3) A provision of this part applying to entry authorised under a 22
warrant is taken also to apply to any re-entry authorised under 23
the warrant.'. 24
Clause 129 Amendment of s 754 (Warrants--procedure before entry) 25
Section 754(1)-- 26
omit, insert-- 27
`(1) This section applies if an authorised officer is intending to 28
enter a place under a warrant issued under this division.'. 29
s 130 88 s 130
Water and Other Legislation Amendment Bill 2005
Clause 130 Insertion of new ch 5, pt 1, div 4A 1
Chapter 5, part 1-- 2
insert-- 3
`Division 4A Power to seize evidence 4
`757A Seizing evidence 5
`(1) This section applies if, under this part, an authorised officer 6
enters a place after obtaining the consent of an occupier or 7
under a warrant. 8
`(2) If the authorised officer enters the place with the occupier's 9
consent, the authorised officer may seize a thing at the place 10
if-- 11
(a) the authorised officer reasonably believes the thing is 12
evidence of-- 13
(i) an offence against this Act; or 14
(ii) an Integrated Planning Act 1997 offence; and 15
(b) seizure of the thing is consistent with the purpose of 16
entry as told to the occupier when asking for the 17
occupier's consent. 18
`(3) If the authorised officer enters the place with a warrant, the 19
authorised officer may seize the evidence for which the 20
warrant was issued. 21
`(4) The authorised officer may seize anything else at the place if 22
the authorised officer reasonably believes-- 23
(a) the thing is evidence of-- 24
(i) an offence against this Act; or 25
(ii) an Integrated Planning Act 1997 offence; and 26
(b) the seizure is necessary to prevent the thing being-- 27
(i) hidden, lost or destroyed; or 28
(ii) used to continue, or repeat, the offence. 29
`(5) Also, the authorised officer may seize a thing at the place if 30
the authorised officer reasonably believes it has just been used 31
in committing-- 32
s 130 89 s 130
Water and Other Legislation Amendment Bill 2005
(a) an offence against this Act; or 1
(b) an Integrated Planning Act 1997 offence. 2
`757B Securing seized things 3
`Having seized a thing, an authorised officer may-- 4
(a) move the thing from the place where it was seized (the 5
place of seizure); or 6
(b) leave the thing at the place of seizure but take reasonable 7
action to restrict access to it; or 8
9
Examples of restricting access to a thing--
10
1 sealing a thing and marking it to show access to it is
11
restricted
12
2 sealing the entrance to a place where the thing is situated
13
and marking it to show access to it is restricted
(c) if the thing is equipment--make it inoperable. 14
15
Example of making equipment inoperable--
16
dismantling equipment or removing a component of equipment
17
without which the equipment is not capable of being used
`757C Tampering with seized things 18
`(1) If an authorised officer restricts access to a seized thing, a 19
person must not tamper, or attempt to tamper, with the thing, 20
or something restricting access to the thing, without an 21
authorised officer's approval. 22
Maximum penalty--100 penalty units. 23
`(2) If an authorised officer makes seized equipment inoperable, a 24
person must not tamper, or attempt to tamper, with the 25
equipment, without an authorised officer's approval. 26
Maximum penalty--100 penalty units. 27
`757D Powers to support seizure 28
`(1) To enable a thing to be seized, an authorised officer may 29
require the person in control of it-- 30
s 130 90 s 130
Water and Other Legislation Amendment Bill 2005
(a) to take it to a stated reasonable place by a stated 1
reasonable time; and 2
(b) if necessary, to remain in control of it at the stated place 3
for a stated reasonable period. 4
`(2) The requirement-- 5
(a) must be made by notice in the approved form; or 6
(b) if for any reason it is not practicable to give the notice, 7
may be made orally and confirmed by a notice in the 8
approved form as soon as practicable. 9
`(3) A further requirement may be made under this section about 10
the thing if it is necessary and reasonable to make the further 11
requirement. 12
`(4) A person of whom a requirement is made under 13
subsection (1) or (3) must comply with the requirement, 14
unless the person has a reasonable excuse. 15
Maximum penalty for subsection (4)--50 penalty units. 16
`757E Receipts for seized things 17
`(1) As soon as practicable after an authorised officer seizes a 18
thing, the authorised officer must give a receipt for it to the 19
person from whom it was seized. 20
`(2) However, if for any reason it is not practicable to comply with 21
subsection (1), the authorised officer must leave the receipt at 22
the place of seizure in a conspicuous position and in a 23
reasonably secure way. 24
`(3) The receipt must describe generally each thing seized and its 25
condition. 26
`(4) This section does not apply to a thing if it is impracticable, or 27
would be unreasonable, to give the receipt, having regard to 28
the thing's nature, condition and value. 29
`757F Forfeiture by authorised officer 30
`(1) A thing that has been seized under this division is forfeited to 31
the State if the authorised officer who seized the thing-- 32
s 130 91 s 130
Water and Other Legislation Amendment Bill 2005
(a) can not find its owner, after making reasonable 1
inquiries; or 2
(b) can not return it to its owner, after making reasonable 3
efforts. 4
`(2) In applying subsection (1)-- 5
(a) subsection (1)(a) does not require the authorised officer 6
to make inquiries if it would be unreasonable to make 7
inquiries to find the owner; and 8
(b) subsection (1)(b) does not require the authorised officer 9
to make efforts if it would be unreasonable to make 10
efforts to return the thing to its owner. 11
12
Example for paragraph (b)--
13
The owner of the thing has migrated to another country.
`(3) Regard must be had to a thing's nature, condition and value in 14
deciding-- 15
(a) whether it is reasonable to make inquiries or efforts; and 16
(b) if making inquiries or efforts--what inquiries or efforts, 17
including the period over which they are made, are 18
reasonable. 19
`757G Forfeiture on conviction 20
`(1) On conviction of a person for either of the following, the court 21
may order the forfeiture to the State of anything owned by the 22
person and seized under this division-- 23
(a) an offence against this Act; 24
(b) an Integrated Planning Act 1997 offence. 25
`(2) The court may make any order to enforce the forfeiture it 26
considers appropriate. 27
`(3) This section does not limit the court's powers under the 28
Penalties and Sentences Act 1992 or another law. 29
s 131 92 s 131
Water and Other Legislation Amendment Bill 2005
`757H Dealing with forfeited things 1
`(1) On forfeiture of a thing to the State, the thing becomes the 2
State's property and may be dealt with by the chief executive 3
as the chief executive considers appropriate. 4
`(2) Without limiting subsection (1), the chief executive may 5
destroy or dispose of the thing. 6
`757I Return of seized things 7
`(1) If a seized thing is not forfeited, the authorised officer must 8
return it to its owner-- 9
(a) at the end of 6 months; or 10
(b) if a proceeding for either of the following involving the 11
thing is started within 6 months, at the end of the 12
proceeding and any appeal from the proceeding-- 13
(i) an offence against this Act; 14
(ii) an Integrated Planning Act 1997 offence. 15
`(2) Despite subsection (1), unless the thing is forfeited, the 16
authorised officer must immediately return a thing seized to 17
its owner if the authorised officer stops being satisfied-- 18
(a) its continued retention as evidence is necessary; or 19
(b) its continued retention is necessary to prevent the thing 20
being used to continue, or repeat, the offence. 21
`757J Access to seized things 22
`(1) Until a seized thing is forfeited or returned, an authorised 23
officer must allow its owner to inspect it and, if it is a 24
document, to copy it. 25
`(2) Subsection (1) does not apply if it is impracticable, or would 26
be unreasonable, to allow the inspection or copying.'. 27
Clause 131 Amendment of s 760 (Power to require production of 28
documents) 29
Section 760(1), from `authorised officer', last mention-- 30
omit, insert-- 31
s 132 93 s 133
Water and Other Legislation Amendment Bill 2005
`authorised officer, a document relating to the taking of, or 1
interfering with, water.'. 2
Clause 132 Amendment of s 762 (Failure to produce document) 3
Section 762(2)-- 4
omit, insert-- 5
`(2) It is not a reasonable excuse for a person to fail to comply 6
with a document production requirement because complying 7
with the requirement might tend to incriminate the person. 8
`(3) However, if the person is an individual, evidence of, or 9
evidence directly or indirectly derived from, the document 10
that might tend to incriminate the person is not admissible in 11
evidence against the person in a civil or criminal proceeding, 12
other than a proceeding for an offence about the falsity of the 13
document. 14
`(4) If a person is convicted of an offence against subsection (1), 15
the court may, as well as imposing a penalty for the offence, 16
order the person to comply with the requirement.'. 17
Clause 133 Amendment of s 763 (Power to require information) 18
Section 763(4)-- 19
omit, insert-- 20
`(4) It is not a reasonable excuse for a person to fail to give the 21
information because giving the information might tend to 22
incriminate the person. 23
`(5) However, if the person is an individual, evidence of, or 24
evidence directly or indirectly derived from, the information 25
that might tend to incriminate the person is not admissible in 26
evidence against the person in a civil or criminal proceeding, 27
other than a proceeding for an offence about the falsity of the 28
information. 29
`(6) If a person is convicted of an offence against subsection (3), 30
the court may, as well as imposing a penalty for the offence, 31
order the person to comply with the requirement.'. 32
s 134 94 s 134
Water and Other Legislation Amendment Bill 2005
Clause 134 Insertion of new ch 5, pt 1, div 7 1
Chapter 5, part 1-- 2
insert-- 3
`Division 7 Obtaining criminal history reports 4
`766 Purpose of div 7 5
`The purpose of this division is to help an authorised officer to 6
decide whether the authorised officer's unaccompanied entry 7
of a place under this part would create an unacceptable level 8
of risk to the authorised officer's safety. 9
`767 Chief executive's power to obtain criminal history 10
report 11
`(1) The chief executive may ask the commissioner of the police 12
service for a written report about the criminal history of a 13
person if the authorised officer reasonably suspects the person 14
may be present at the place when the authorised officer enters 15
the place under this part. 16
`(2) The commissioner must give the report to the chief executive. 17
`(3) However, the report is required to contain only criminal 18
history that is in the commissioner's possession or to which 19
the commissioner has access. 20
`(4) The chief executive must examine the report and identify, to 21
the extent it is reasonably practicable to do so, offences 22
involving the use of a weapon or violence against a person. 23
`(5) The chief executive may give the authorised officer 24
information in the report about the offences identified under 25
subsection (4). 26
`768 Criminal history is confidential document 27
`(1) A person must not, directly or indirectly, disclose to anyone 28
else a report about a person's criminal history, or information 29
contained in the report, given under section 767. 30
Maximum penalty--100 penalty units. 31
s 135 95 s 137
Water and Other Legislation Amendment Bill 2005
`(2) However, the person does not contravene subsection (1) if-- 1
(a) the disclosure is for the purpose of the other person 2
performing a function under or in relation to this Act; or 3
(b) the disclosure is otherwise required or permitted by law. 4
`(3) The chief executive or an authorised officer to whom the 5
report or written information in the report is provided must 6
destroy the report or information as soon as practicable after 7
the authorised officer considers the risk mentioned in 8
section 766.'. 9
Clause 135 Amendment of s 778 (When regulator may give a show 10
cause notice) 11
Section 778(1), after `plan'-- 12
insert-- 13
`or system leakage management plan'. 14
Clause 136 Amendment of s 783 (Chief executive or regulator may 15
take action and recover costs) 16
(1) Section 783-- 17
insert-- 18
`(3A) If the chief executive or regulator incurs expense in doing a 19
thing under subsection (1) or (3), the chief executive or 20
regulator must give the person a notice stating the amount of 21
the expense incurred.'. 22
(2) Section 783-- 23
insert-- 24
`(5) A debt due under subsection (4) bears interest at the rate 25
stated in the regulation.'. 26
Clause 137 Replacement of s 808 (Unauthorised taking, supplying or 27
interfering with water) 28
Section 808-- 29
omit, insert-- 30
s 138 96 s 138
Water and Other Legislation Amendment Bill 2005
`808 Unauthorised taking, supplying or interfering with 1
water 2
`(1) A person must not take or supply water to which this Act 3
applies unless authorised to take or supply the water-- 4
(a) under this Act;3 or 5
(b) under a law of another State or Territory if the 6
authorisation is declared under a regulation to be of a 7
similar nature and to have a similar effect to a stated 8
authorisation under this Act. 9
Maximum penalty--1 665 penalty units. 10
`(2) A person must not interfere with water to which this Act 11
applies, other than overland flow water, unless authorised to 12
interfere with the water-- 13
(a) under this Act;4 or 14
(b) under a law of another State or Territory if the 15
authorisation is declared under a regulation to be of a 16
similar nature and to have a similar effect to a stated 17
authorisation under this Act. 18
Maximum penalty--1 665 penalty units. 19
`(3) The holder of a metered entitlement must not take water under 20
the entitlement other than through works that have an 21
approved meter attached. 22
Maximum penalty--1 665 penalty units.'. 23
Clause 138 Amendment of s 810 (Using water contrary to approved 24
land and water management plan) 25
Section 810, `plan for land'-- 26
omit, insert-- 27
`plan for the use of water on land'. 28
3 See also the Petroleum and Gas (Production and Safety) Act 2004, sections 188 and
196 (Authorisation for Water Act).
4 See also the Petroleum and Gas (Production and Safety) Act 2004, sections 188 and
196 (Authorisation for Water Act).
s 139 97 s 141
Water and Other Legislation Amendment Bill 2005
Clause 139 Amendment of s 811 (Tampering with devices) 1
(1) Section 811(1) and (2), penalties, `1 000'-- 2
omit, insert-- 3
`1 665'. 4
(2) Section 811(3)-- 5
omit, insert-- 6
`(3) In this section-- 7
tamper, with a device, includes-- 8
(a) remove the device from the place where-- 9
(i) it is used for a purpose mentioned in 10
subsection (1); or 11
(ii) it was installed by the chief executive to monitor 12
water; and 13
(b) tamper with works associated with the device in a way 14
that may hinder the capacity of the device to measure, 15
read, record or transmit information.'. 16
Clause 140 Replacement of s 812 (Contravening conditions of water 17
allocation, interim water allocation, water licence or 18
permit) 19
Section 812-- 20
omit, insert-- 21
`812 Contravening conditions of water entitlement, 22
seasonal water assignment notice or water permit 23
`The holder of a water allocation, interim water allocation, 24
water licence, seasonal water assignment notice or water 25
permit must not contravene a condition of the allocation, 26
licence, notice or permit. 27
Maximum penalty--1 665 penalty units.'. 28
Clause 141 Amendment of s 812A (Liability for unauthorised taking 29
of water) 30
Section 812A(1), after `water licence'-- 31
s 142 98 s 145
Water and Other Legislation Amendment Bill 2005
insert-- 1
`, seasonal water assignment notice'. 2
Clause 142 Amendment of s 813 (Contravening condition of resource 3
operations licence, interim resource operations licence 4
or operations licence) 5
(1) Section 813, heading-- 6
omit, insert-- 7
`813 Contravening licence condition'. 8
(2) Section 813(1), after `licence,'-- 9
insert-- 10
`a distribution operations licence,'. 11
Clause 143 Amendment of s 814 (Destroying vegetation, excavating 12
or placing fill without permit) 13
(1) Section 814(2)(a)(i)(B), `item 3A(a) or (d) or 3B'-- 14
omit, insert-- 15
`table 4, item 3(a) or (d) or 4 or table 5, item 1'. 16
(2) Section 814(3), after `(1)'-- 17
insert-- 18
`or (2A)'. 19
Clause 144 Amendment of s 825 (False or misleading statements) 20
Section 825(1), after `anything to'-- 21
insert-- 22
`the chief executive or'. 23
Clause 145 Amendment of s 826 (False or misleading documents) 24
(1) Section 826(1), after `give'-- 25
insert-- 26
`the chief executive or'. 27
s 146 99 s 148
Water and Other Legislation Amendment Bill 2005
(2) Section 826(2)(a), after `tells the'-- 1
insert-- 2
`chief executive or'. 3
Clause 146 Amendment of s 851 (Who is an interested person) 4
Section 851(2)-- 5
omit, insert-- 6
`(2) However, if the decision for which the notice was given is in 7
relation to a water resource plan or a resource operations plan, 8
the interested person may appeal only to the extent a different 9
decision, consistent with the plan, could have been made.'. 10
Clause 147 Amendment of s 864 (Review decision) 11
(1) Section 864-- 12
insert-- 13
`(2A) The reviewer may, by notice to the applicant, before the 14
period mentioned in subsection (2) has expired, extend the 15
period by not more than 30 business days. 16
`(2B) Only 1 notice may be given under subsection (2A) for each 17
review.'. 18
(2) Section 864(4)(c)-- 19
omit. 20
(3) Section 864(4)(d) and (e)-- 21
renumber as section 864(4)(c) and (d). 22
(4) Section 864-- 23
insert-- 24
`(4A) A copy of the relevant appeal or arbitration provisions of this 25
Act must also be given with each review notice or copy of a 26
review notice.'. 27
Clause 148 Amendment of s 878 (Starting an appeal) 28
Section 878-- 29
s 149 100 s 151
Water and Other Legislation Amendment Bill 2005
insert-- 1
`(4) A copy of the notice of appeal must be served on the chief 2
executive within 10 business days after the notice of appeal is 3
filed with the court.'. 4
Clause 149 Amendment of s 955 (Governor in Council may appoint 5
administrator to operate infrastructure) 6
Section 955(1)(b), `or interim resource operations licence'-- 7
omit, insert-- 8
`, an interim resource operations licence or a distribution 9
operations licence'. 10
Clause 150 Amendment of s 967 (IPA approval for development is 11
subject to approval under this Act) 12
(1) Section 967(1)(a), `required to hold a water entitlement'-- 13
omit, insert-- 14
`authorised or required to be authorised'. 15
(2) Section 967(4)(a) and (b)-- 16
omit, insert-- 17
`(a) the person is not authorised under this Act to take or 18
interfere with water; or 19
(b) the person is authorised but the works for which the 20
development permit is required are not consistent with 21
the authorisation; or'. 22
(3) Section 967(5)(a) and (6)(a), `adjoins'-- 23
omit, insert-- 24
`forms all or part of the boundary of'. 25
Clause 151 Amendment of s 968 (Chief executive may direct works to 26
be modified or removed) 27
Section 968(3), from `a compliance notice'-- 28
omit, insert-- 29
s 152 101 s 155
Water and Other Legislation Amendment Bill 2005
`a notice requiring the person to modify or remove the works 1
and the notice is taken to be a compliance notice for this Act.'. 2
Clause 152 Amendment of s 969 (Development applications for the 3
removal of quarry material) 4
Section 969(a)-- 5
omit, insert-- 6
`(a) evidence of an allocation notice granted under 7
section 283 in relation to the land the subject of the 8
application; and'. 9
Clause 153 Amendment of s 972 (When an applicant may appeal to 10
the Land and Resources Tribunal) 11
Section 972(1)(a), `items 3B and 3C'-- 12
omit, insert-- 13
`table 4, items 3 and 4'. 14
Clause 154 Amendment of s 977 (Power to enter places for stated 15
purposes) 16
Section 977(1)-- 17
insert-- 18
`(g) to clear vegetation or any other thing adversely affecting 19
access to a meter.'. 20
Clause 155 Insertion of new ch 8, pt 4A 21
Chapter 8-- 22
insert-- 23
s 155 102 s 155
Water and Other Legislation Amendment Bill 2005
`Part 4A Private water supply 1
agreements for former water 2
areas 3
`1000 Entering private water supply agreements 4
`(1) This section applies for a former water area if-- 5
(a) all the registered owners of land (the relevant land) 6
being supplied with water from the area enter into a 7
written agreement about supplying water to the relevant 8
land; and 9
(b) the area is, under section 1083(2), an authority area; and 10
(c) the chief executive is performing the functions of a 11
water authority for the area. 12
`(2) The agreement (a private water supply agreement) must 13
state-- 14
(a) the water, land and works to which the agreement 15
applies; and 16
(b) the arrangements for supplying the water to each 17
registered owner's land; and 18
(c) the arrangements for the maintenance or replacement of 19
the works and the sharing of the cost of the maintenance 20
or replacement; and 21
(d) the arrangements for accessing the works; and 22
(e) provisions for the cancellation of the agreement with the 23
consent of all parties. 24
`1001 Registration of private water supply agreement 25
`(1) As soon as practicable after entering the private water supply 26
agreement-- 27
(a) the parties must give the chief executive a copy of the 28
agreement; and 29
(b) the chief executive must give the registrar of titles notice 30
of the agreement. 31
s 155 103 s 155
Water and Other Legislation Amendment Bill 2005
`(2) The registrar must record the notice in a way that a search of 1
the register kept by the registrar under any Act relating to the 2
relevant land will show the existence of the agreement. 3
`(3) If the agreement is cancelled, as soon as practicable after the 4
cancellation-- 5
(a) the parties must give the chief executive notice of the 6
cancellation; and 7
(b) the chief executive must give the registrar of titles notice 8
of the cancellation; and 9
(c) the registrar must remove the particulars of the 10
agreement from the registrar's records. 11
`(4) While the agreement has effect, the obligations on each party 12
attach to the party's land and bind the party and the party's 13
successors in title to the land. 14
`1002 When agreement has effect 15
`Despite any other provision of this part, the private water 16
supply agreement does not have effect until the former water 17
area is dissolved under this Act. 18
`1003 Amending a private water supply agreement 19
`(1) A private water supply agreement (the original agreement) 20
may be amended only once and only if the works to which the 21
original agreement applies are capped and piped or are to be 22
capped and piped. 23
`(2) If additional land is required because of the capping and 24
piping, the amending agreement may include-- 25
(a) the addition of land to the original agreement; and 26
(b) if the registered owner of the land is not already a party 27
to the original agreement--the addition of the registered 28
owner as a party. 29
`(3) As soon as practicable after making the amending agreement, 30
the parties must give the chief executive a copy of the 31
amending agreement. 32
s 156 104 s 156
Water and Other Legislation Amendment Bill 2005
`(4) If the amending agreement varies the land to which the 1
original agreement applies, the chief executive must give the 2
registrar of titles notice of the amending agreement. 3
`(5) The registrar must record the notice in a way that a search of 4
the register kept by the registrar under any Act relating to the 5
land the subject of the original agreement, as amended, will 6
show the existence of the original agreement and the 7
amending agreement. 8
`(6) In this section-- 9
cap and pipe, in relation to works, means-- 10
(a) repairing or replacing a bore forming the whole or part 11
of the works so that the flow of water can be controlled 12
by a valve on the headworks of the bore; and 13
(b) replacing a bore drain distribution system with a 14
pipe-line distribution system. 15
`1003AChief executive may approve standard agreement 16
`(1) The chief executive may approve a document (a standard 17
agreement) to operate as a private water supply agreement in 18
the absence of the agreement of the registered owners of 19
particular land. 20
`(2) The chief executive must gazette the approval of the standard 21
agreement. 22
`(3) On and from the day the former water area to which the 23
standard agreement applies is dissolved, the standard 24
agreement applies as a private water supply agreement for the 25
area until the registered owners enter into a private water 26
supply agreement to replace the standard agreement.'. 27
Clause 156 Amendment of s 1006 (Declarations about watercourses) 28
(1) Section 1006(2), after `regulation'-- 29
insert-- 30
`or a water resource plan'. 31
(2) Section 1006(3), `under a regulation'-- 32
omit. 33
s 157 105 s 157
Water and Other Legislation Amendment Bill 2005
Clause 157 Amendment of s 1007 (Records to be kept in registries) 1
(1) Section 1007-- 2
insert-- 3
`(2A) If the chief executive grants a water licence or an interim 4
water allocation, the chief executive must give the registrar of 5
titles notice of the grant and the land to which the licence or 6
allocation attaches. 7
`(2B) The registrar must record the notice in a way that a search of 8
the register kept by the registrar under any Act relating to the 9
land will show that the licence or allocation attaches to the 10
land.'. 11
(2) Section 1007(3), `or (7)'-- 12
omit. 13
(3) Section 1007(4)(a), `or (7)'-- 14
omit. 15
(4) Section 1007-- 16
insert-- 17
`(4A) If the chief executive is satisfied the notice has been complied 18
with or is no longer required, the chief executive must ask the 19
registrar of titles to remove the notice from the register. 20
`(4B) If the registrar of titles receives a request under 21
section 494(8)(b), (9) or (10), the registrar must register, 22
release or vary the charge according to the request.'. 23
(5) Section 1007-- 24
insert-- 25
`(7) If the registrar receives a notice under section 127B(2), the 26
registrar must record the notice in a way that a search of the 27
register relating to the water allocation will show that the 28
allocation is an allocation to which section 127C applies. 29
`(8) If the registrar receives a notice under section 127B(4), the 30
registrar must record the notice in a way that a search of the 31
register relating to the water allocation will show that the 32
allocation is no longer an allocation to which section 127C 33
applies.'. 34
s 158 106 s 159
Water and Other Legislation Amendment Bill 2005
Clause 158 Amendment of s 1009 (Public inspection and purchase of 1
documents) 2
(1) Section 1009(1)-- 3
insert-- 4
`(fa) each notice of existing works that allow taking overland 5
flow water required to be given to the chief executive 6
under a water resource plan; 7
(ka) each distributions operations licence; 8
(qa) each water bore driller's licence; 9
(sa) each guideline for preparing a system leakage 10
management plan under section 414B; 11
(sb) each guideline for granting an exemption from 12
preparing a system leakage management plan under 13
section 414F; 14
(ta) each guideline for preparing a drought management 15
plan under section 429C; 16
(x) each guideline for applying safety conditions to a 17
referable dam; 18
(y) each private water supply agreement.'. 19
(2) Section 1009(1)(u), `425'-- 20
omit, insert-- 21
`435'. 22
(3) Section 1009(3)(b) and (c)-- 23
renumber as section 1009(3)(c) and (d). 24
(4) Section 1009(3)-- 25
insert-- 26
`(b) each drought management plan prepared under 27
section 429C;'. 28
Clause 159 Amendment of s 1013A (Fee and charges payable to the 29
chief executive) 30
(1) Section 1013A(2)-- 31
s 160 107 s 161
Water and Other Legislation Amendment Bill 2005
omit, insert-- 1
`(2) If an amount of a fee or charge remains unpaid after the day 2
stated in the regulation for payment of the fee or charge-- 3
(a) the amount is a debt due and payable to the State; and 4
(b) the late fee prescribed in the regulation applies to the 5
amount.'. 6
(2) Section 1013A(3), `and any interest payable on the fee or 7
charge'-- 8
omit. 9
Clause 160 Amendment of s 1013B (Non-payment of fees or charges) 10
Section 1013B(2)(b), `interest'-- 11
omit, insert-- 12
`any late fee'. 13
Clause 161 Amendment of s 1014 (Regulation-making power) 14
(1) Section 1014(2)-- 15
insert-- 16
`(ca) prescribe organisations approved by the chief executive 17
to provide accredited farm management system 18
programs; and 19
(cb) prescribe accredited farm management system 20
programs; and'. 21
(2) Section 1014(2)-- 22
insert-- 23
`(ga) state a process for-- 24
(i) converting authorities to take or interfere with 25
water, identified as existing water supply 26
responsibilities in an interim resource operations 27
licence, to interim water allocations; and 28
(ii) granting interim water allocations in relation to 29
authorities to which the Three Moon Creek 30
Irrigation Project Agreement for the 31
s 162 108 s 163
Water and Other Legislation Amendment Bill 2005
Monto/Mulgildie Salinity Area, endorsed, in 1997, 1
by the Minister administering the repealed Act, 2
applies; and'. 3
(3) Section 1014(2)(j), `item 9A'-- 4
omit, insert-- 5
`table 4, item 1'. 6
Clause 162 Amendment of s 1037 (Local government authorities) 7
(1) Section 1037(1)(a) and (b)-- 8
omit, insert-- 9
`(a) the chief executive grants a water licence to replace the 10
authority; 11
(b) the authority is replaced with a water entitlement, 12
interim resource operations licence, resource operations 13
licence or distribution operations licence.'. 14
(2) Section 1037(2)-- 15
omit, insert-- 16
`(2) The chief executive may grant a water licence under 17
subsection (1)(a) without the need for an application to be 18
made under section 206.'. 19
Clause 163 Insertion of new s 1037A 20
After section 1037-- 21
insert-- 22
`1037AOther continuing authorities 23
`(1) Subsection (2) applies to a following entity if, immediately 24
before the commencement of this section, the entity was 25
taking or interfering with water to which this Act applies-- 26
(a) a local government who lodged an application under the 27
Local Government Act 1936 (repealed), section 32; 28
(b) Toowoomba City Council in relation to the Cooby Creek 29
Dam; 30
s 164 109 s 164
Water and Other Legislation Amendment Bill 2005
(c) an entity to which a special agreement Act applies, to 1
the extent the special agreement Act authorises the 2
taking of, or interfering with, water. 3
`(2) An entity mentioned in subsection (1)(a) or (b) is taken to 4
hold an authority under this Act to take or interfere with water 5
and the authority continues under this Act until whichever of 6
the following first happens-- 7
(a) the chief executive grants a water licence to replace the 8
authority; 9
(b) the authority is replaced with a water entitlement, 10
interim resource operations licence, resource operations 11
licence or distribution operations licence. 12
`(3) An entity mentioned in subsection (1)(c)-- 13
(a) continues to hold the authority to take or interfere with 14
water under the special agreement Act; and 15
(b) is taken to also hold an authority under this Act to take 16
or interfere with water. 17
`(4) An authority under this Act to take or interfere with water, 18
held by the South East Queensland Water Corporation 19
Limited ABN 14 088 729 766 and in force on 12 April 2003, 20
continues under this Act until whichever of the following first 21
happens-- 22
(a) the chief executive grants a water licence to replace the 23
authority; 24
(b) the authority is replaced with a water entitlement, 25
interim resource operations licence, resource operations 26
licence or distribution operations licence. 27
`(5) In this section-- 28
special agreement Act see Environmental Protection 29
Act 1994, section 614(2).'. 30
Clause 164 Insertion of new ss 1057 and 1058 31
Chapter 9, part 1-- 32
insert-- 33
s 165 110 s 165
Water and Other Legislation Amendment Bill 2005
`1057 Reinstating particular expired licences 1
`(1) This section applies to a licence under the repealed Act-- 2
(a) in force immediately before 13 November 2001; and 3
(b) not in force immediately before the commencement of 4
this section. 5
`(2) The chief executive may reinstate the licence by granting a 6
water licence under this Act without an application being 7
made under section 221. 8
`(3) A water licence granted under this section is taken to have 9
been in force from the day it expired. 10
`1058 Reinstating particular expired licences in former 11
water areas 12
`(1) This section applies to a licence in a former water area if-- 13
(a) the former water area was continued in existence under 14
section 1083(2); and 15
(b) under the licence the registered owner of land was 16
supplied with water; and 17
(c) the licence has expired; and 18
(d) the registered owner has continued to be supplied with 19
water as if the licence had not expired. 20
`(2) The chief executive may reinstate the licence by granting a 21
water licence under this Act without an application being 22
made under section 221-- 23
(a) if the former water area's former water board was 24
continued in existence as a water authority under 25
section 1083(3)--to the water authority; or 26
(b) otherwise--to the chief executive. 27
`(3) A water licence granted under subsection (2) is taken to have 28
been in force from the day the licence it replaced expired.'. 29
Clause 165 Amendment of s 1089 (Existing authorities to take, or 30
interfere with, water) 31
Section 1089(2), (3) and (4)-- 32
s 166 111 s 166
Water and Other Legislation Amendment Bill 2005
omit, insert-- 1
`(2) If the authority was given under 1 of the repealed Acts, it 2
continues under that Act as if that Act had not been repealed 3
until whichever of the following first happens-- 4
(a) the chief executive grants a water licence to replace the 5
authority; 6
(b) the authority is replaced with a water entitlement, 7
interim resource operations licence, resource operations 8
licence or distribution operations licence. 9
`(3) If the authority was given under another Act, it continues 10
under that Act until whichever of the following first 11
happens-- 12
(a) the chief executive grants a water licence to replace the 13
authority; 14
(b) the authority is replaced with a water entitlement, 15
interim resource operations licence, resource operations 16
licence or distribution operations licence. 17
`(3A) An authority continued under subsection (2) or (3) is taken to 18
also be an authority under this Act to take or interfere with 19
water. 20
`(4) The chief executive may grant a water licence under 21
subsection (2)(a) or (3)(a) without the need for an application 22
to be made under section 206.'. 23
Clause 166 Insertion of new s 1089A 24
After section 1089-- 25
insert-- 26
`1089AConversion of existing authorities to take water 27
`(1) This section applies if a former water board was authorised to 28
deliver water to the holder of an authorisation in accordance 29
with the instrument mentioned, for the board's area, in the 30
Water Resources (Areas and Boards) Regulation 2000 31
(repealed), schedule 5. 32
`(2) Each authorisation that relates to a board mentioned in 33
subsection (9), definition former water board, paragraph (a), 34
(b) or (d) is taken to be an interim water allocation, with the 35
s 166 112 s 166
Water and Other Legislation Amendment Bill 2005
volume mentioned for the authorisation as a property 1
allocation or an annual water entitlement in the instrument. 2
`(3) An interim water allocation mentioned in subsection (2) 3
attaches to the land described, for the authorisation to which it 4
relates, in the instrument. 5
`(4) The interim water allocation is taken to be held by-- 6
(a) the person identified, for the authorisation, in the 7
instrument; or 8
(b) if the person identified, for the authorisation, in the 9
instrument has ceased to be the owner or occupier of all 10
or part of the land to which the interim water allocation 11
attaches--the registered owner or owners of the land; or 12
(c) if no person is identified for the authorisation, in the 13
instrument--the registered owner or owners of the land 14
to which the interim water allocation attaches. 15
`(5) Each authorisation that relates to a board mentioned in 16
subsection (9), definition former water board, paragraph (c), 17
is taken to be an interim water allocation with the volume 18
mentioned, for the authorisation, as a nominal volume in 19
attachment 3(a) of the Pioneer Draft Resource Operations 20
Plan made available under section 100 on 2 August 2004. 21
`(6) An interim water allocation mentioned in subsection (5) 22
attaches to all or part of the land described in the instrument 23
mentioned for the former water board's area in the Water 24
Resources (Areas and Boards) Regulation 2000 (repealed) 25
with the farm ID identified for the authorisation in the 26
instrument and in attachment 3(a). 27
`(7) The interim water allocation is taken to be held by-- 28
(a) if the person identified, for the authorisation, in 29
attachment 3(a) has not ceased to be the owner or 30
occupier of all or part of the land to which the interim 31
water allocation attaches--the person identified, for the 32
authorisation, in attachment 3(a); or 33
(b) if the person identified, for the authorisation, in 34
attachment 3(a) has ceased to be the owner or occupier 35
of all or part of the land to which the interim water 36
s 167 113 s 168
Water and Other Legislation Amendment Bill 2005
allocation attaches--the registered owner or owners of 1
the land. 2
`(8) The provisions of the instruments mentioned in subsection (1) 3
that deal with the delivery of water by a former water board 4
continue to have effect. 5
`(9) In this section-- 6
authorisation means an authorisation to take water continued 7
under section 1089(2). 8
former water board means each of the following former water 9
boards continued in existence under section 1083(3)-- 10
(a) Avondale Water Supply Board; 11
(b) Kelsey Creek Water Board; 12
(c) Pioneer Valley Water Board; 13
(d) Six Mile Creek Water Supply Board.'. 14
Clause 167 Amendment of s 1116 (Minister must approve standard 15
supply contracts) 16
Section 1116-- 17
insert-- 18
`(8) A reference in subsection (1) to an agreement mentioned in 19
section 1117 is taken to include and to have always included a 20
reference to an order in council mentioned in section 1117.'. 21
Clause 168 Insertion of new of new s 1117A 22
After section 1117-- 23
insert-- 24
`1117AWhen conditions of supply contract do not apply 25
`(1) This section applies if-- 26
(a) immediately before an interim water allocation was 27
granted, its holder was authorised to take water under an 28
agreement or order in council mentioned in 29
section 1117; and 30
s 169 114 s 170
Water and Other Legislation Amendment Bill 2005
(b) the interim water allocation was granted to replace the 1
authorisation; and 2
(c) the water is being taken under the interim water 3
allocation from a weir owned by the holder. 4
`(2) A regulation may prescribe an interim water allocation holder 5
and an interim water allocation, or the part of an interim water 6
allocation, to which any condition about payment for the 7
storage and supply of water, in the supply contract under 8
which the interim water allocation is managed, does not apply. 9
`(3) The regulation applies only while the weir is maintained. 10
`(4) In this section-- 11
interim water allocation includes a water allocation to which 12
the interim water allocation has been converted under 13
section 121.'. 14
Clause 169 Insertion of new ch 9, pt 5, div 1, hdg 15
Chapter 9, part 5, before section 1129-- 16
insert-- 17
`Division 1 Miscellaneous'. 18
Clause 170 Insertion of new s 1135A and ch 9, pt 5, div 2 hdg 19
After section 1135-- 20
insert-- 21
`1135AValidation of particular decisions 22
`The following decisions, made or purported to have been 23
made between 1 October 2000 and 20 October 2003, are taken 24
to be, and to always have been, valid-- 25
(a) a decision to extend time, made under section 863(2); 26
(b) a decision made under section 864(2). 5
27
5 Section 863 (Applying for an internal review) and 864 (Review decision)
s 171 115 s 172
Water and Other Legislation Amendment Bill 2005
`Division 2 Transitional provision for Water and 1
Other Legislation Amendment Act 2
2003'. 3
Clause 171 Insertion of new ch 9, pt 5, div 3, hdg 4
After section 1136-- 5
insert-- 6
`Division 3 Transitional provision for Petroleum 7
and Other Legislation Amendment 8
Act 2004'. 9
Clause 172 Insertion of new ch 9, pt 5, div 4 10
Chapter 9, part 5-- 11
insert-- 12
`Division 4 Transitional provision for Water and 13
Other Legislation Amendment Act 14
2005 15
`1136BNotices given under s 101(1)(b) and (1)(c) 16
`(1) This section applies to a notice given under section 101(b) for 17
a draft resource operation plan that did not become effective 18
under section 103 before the commencement of the Water and 19
Other Legislation Amendment Act 2005, section 16. 20
`(2) The notice is taken to be a notice given under 21
section 101(1)(b) as in force after the commencement. 22
`(3) Despite subsection (2), an existing interest holder may, within 23
60 business days after details of the water allocation to which 24
the notice relates are recorded on the water allocations 25
register, give a notice under section 101(1)(c) as in force after 26
the commencement and, on the giving of the notice-- 27
(a) subsection (2) ceases to apply; and 28
(b) section 150B(1) as in force after the commencement 29
applies. 30
s 172 116 s 172
Water and Other Legislation Amendment Bill 2005
`1136CEffect of disposal of part of land to which interim 1
water allocation attaches 2
`(1) This section applies if, before the commencement of this 3
section-- 4
(a) an interim water allocation attached to land; and 5
(b) the registered owner of the land disposed of part of the 6
land; and 7
(c) no application was made under section 198(3) as in 8
force before the commencement. 9
`(2) The interim water allocation is taken-- 10
(a) not to have been surrendered; and 11
(b) to be held jointly by all owners of the land to which the 12
interim water allocation related before the disposal. 13
`(3) However, within 60 business days after the commencement of 14
this section, 1 or more of the owners of the land to which the 15
interim water allocation relates may, with the consent of the 16
other owners, apply for 1 or more interim water allocations to 17
replace the jointly held interim water allocation. 18
`(4) Section 198(4) to (11) as in force after the commencement 19
applies to the application to replace the interim water 20
allocation. 21
`1136DEffect of acquisition of part of land to which interim 22
water allocation attaches 23
`(1) This section applies if, before the commencement of this 24
section-- 25
(a) an interim water allocation attached to land; and 26
(b) part of the land was taken under the Acquisition of Land 27
Act 1967; and 28
(c) the remaining part of the land no longer adjoined the 29
watercourse, lake or spring from which water could be 30
taken under the allocation; and 31
(d) no application was made under section 198(3) as in 32
force immediately before the commencement. 33
s 172 117 s 172
Water and Other Legislation Amendment Bill 2005
`(2) The interim water allocation is taken to have been surrendered 1
and the chief executive must deal with the allocation under 2
section 197(3). 3
`(3) However subsection (2) does not apply if, within 60 business 4
days after the commencement, the holder of the allocation 5
satisfies the chief executive that the requirements of 6
section 206(3)(b) have been met in relation to the allocation. 7
`1136E Condition about measuring device not effective 8
`(1) This section applies to a water licence in force immediately 9
before the commencement of this section if-- 10
(a) the water licence is subject to a condition requiring the 11
licensee to install a measuring device to measure the 12
volume of water taken, the rate at which it is taken and 13
the time it is taken; and 14
(b) on the commencement, the measuring device has not 15
been installed. 16
`(2) From the commencement, the water licence is no longer 17
subject to the condition. 18
`1136F Submitting system leakage management plans for 19
approval 20
`(1) This section applies to a water service provider registered as a 21
service provider immediately before the commencement of 22
this section. 23
`(2) Despite section 414D, the water service provider must give a 24
copy of the service provider's system leakage management 25
plan to the regulator for approval-- 26
(a) for a small service provider--within 3 years after the 27
commencement of this section; or 28
(b) for a medium or large service provider--within 2 years 29
after the commencement of this section. 30
Maximum penalty--200 penalty units. 31
s 173 118 s 173
Water and Other Legislation Amendment Bill 2005
`1136GSubmitting drought management plan for registration 1
`(1) This section applies to a water service provider registered as a 2
service provider immediately before the commencement of 3
this section. 4
`(2) Despite section 429E, the water service provider must give a 5
copy of the service provider's drought management plan to 6
the regulator for registration-- 7
(a) for a large service provider--within 1 year after the 8
commencement of this section; or 9
(b) otherwise--within 2 years after the commencement of 10
this section. 11
`(3) If the water service provider fails to comply with 12
subsection (2), the name of the provider must be included in a 13
list tabled in the Legislative Assembly under section 429K. 14
`1136HInterest payable under section 1013A 15
`(1) This section applies to interest on a fee or charge under this 16
Act remaining unpaid immediately before the commencement 17
of this section. 18
`(2) On the commencement, the interest becomes the late fee for 19
the purposes of section 1013A(2) as in force on the 20
commencement.'. 21
Clause 173 Amendment of sch 4 (Dictionary) 22
(1) Schedule 4, definitions information notice, seasonal water 23
assignment, stock purposes, storage capacity, and water 24
sharing rules-- 25
omit. 26
(2) Schedule 4-- 27
insert-- 28
`approved meter means a meter prescribed under a regulation 29
as an approved meter. 30
cost-benefit analysis, for a distribution system, means an 31
analysis of-- 32
s 173 119 s 173
Water and Other Legislation Amendment Bill 2005
(a) the cost of measures to reduce leakage; and 1
(b) the economic benefit of saving water from leakage; and 2
(c) the reduced operational costs and deferred infrastructure 3
costs that would result from reducing leakage. 4
distribution operations licence means a distribution 5
operations licence granted under chapter 2, part 4, division 3. 6
distribution system means the infrastructure for-- 7
(a) the transmission of water; or 8
(b) the reticulation of water; or 9
(c) water treatment or recycling. 10
holder, of a water allocation, means-- 11
(a) the person whose details are stated on the water 12
allocations register as the person who holds the water 13
allocation; or 14
(b) if a lease of the water allocation is registered on the 15
register, the lessee of the lease. 16
information notice, about a decision under this Act, means a 17
notice-- 18
(a) stating the following-- 19
(i) the decision; 20
(ii) the reasons for the decision; 21
(iii) the name and address of any other person who was 22
given the notice; 23
(iv) that any person given the notice may appeal against 24
the decision, or apply for arbitration, within 25
30 business days after the day the notice is given; 26
and 27
(b) including a copy of the relevant appeal or arbitration 28
provisions of this Act. 29
s 173 120 s 173
Water and Other Legislation Amendment Bill 2005
Integrated Planning Act 1997 offence means an offence 1
against the Integrated Planning Act 1997, section 4.3.1(1), 2
4.3.2, 4.3.2A, 4.3.3(1), 4.3.4(1), 4.3.5 or 4.3.15(1)6 to the 3
extent the section relates to the taking of, or interfering with, 4
water. 5
interstate distribution operations licence means a licence that 6
is granted under an interstate law and authorises the licence 7
holder to operate infrastructure to distribute water. 8
metered entitlement means an authority under this Act to take 9
or interfere with water, prescribed under a regulation to be a 10
metered entitlement. 11
monitoring equipment means equipment for reading rainfall, 12
water flow, water levels or for assessing the effects of water 13
use on land and water. 14
private water supply agreement see section 1000. 15
registered proprietor, of land, see the Land Title Act 1994, 16
schedule 2. 17
seasonal water assignment, for an interim water allocation, a 18
water allocation, a seasonal water assignment notice or a 19
water licence, means the assignment by the holder of the 20
allocation, notice or licence of the benefit under the 21
allocation, notice or licence to another person, for a water 22
year, of all or part of the water that may be taken under the 23
allocation, notice or licence. 24
seasonal water assignment notice means-- 25
(a) for a water allocation--a seasonal water assignment 26
notice granted under chapter 2, part 4, division 5; or 27
(b) for a water licence--a seasonal water assignment notice 28
granted under chapter 2, part 6, division 3. 29
stock purposes, in relation to taking water, means-- 30
6 Integrated Planning Act 1997, section 4.3.1 (Carrying out assessable development
without permit), 4.3.2 (Self-assessable development must comply with codes),
4.3.2A (Certain assessable development must comply with codes), 4.3.3
(Compliance with development approval), 4.3.4 (Compliance with identified codes
about use of premises), 4.3.5 (Offences about the use of premises) or 4.3.15
(Offences relating to enforcement notice)
s 173 121 s 173
Water and Other Legislation Amendment Bill 2005
(a) watering stock of a number that would normally be 1
depastured on the land on which the water is, or is to be, 2
used; or 3
(b) watering travelling stock on a stock route. 4
stock route see the Land Protection (Pest and Stock Route 5
Management) Act 2002, schedule 3. 6
system leakage management plan means a plan certified by a 7
registered professional engineer under chapter 3, part 3, 8
division 1A. 9
travelling stock see the Land Protection (Pest and Stock Route 10
Management) Act 2002, schedule 3. 11
unallocated State land see the Land Act 1994, schedule 6. 12
water management area means-- 13
(a) an area of the State declared under a regulation to be a 14
water management area; or 15
(b) an area identified in a water resource plan or a resource 16
operations plan as a water management area. 17
water sharing rules means-- 18
(a) for a water entitlement, or other authorisation to take 19
water under this Act, managed under a resource 20
operations plan--the water sharing rules included in the 21
plan; or 22
(b) for a water licence, or other authorisation to take water 23
under this Act, not managed under a resource operations 24
plan--the water sharing rules prescribed under a 25
regulation; or 26
(c) for an interim water allocation or other authorisation to 27
take water under this Act managed under an interim 28
resource operations licence--the water sharing rules 29
included in the interim resource operations licence 30
under which the interim water allocation or other 31
authorisation is managed.'. 32
(3) Schedule 4, definition resource operations licence, `a 33
licence'-- 34
omit, insert-- 35
s 174 122 s 174
Water and Other Legislation Amendment Bill 2005
`a resource operations licence'. 1
(4) Schedule 4, definition sewerage service, item 2, 2
paragraph (b)-- 3
omit, insert-- 4
`(b) the service is used only by-- 5
(i) the owner of the infrastructure or the owner's 6
guests or employees including, for example, guests 7
at a resort; or 8
(ii) if the owner of the infrastructure is a body 9
corporate for a community titles scheme under the 10
Body Corporate and Community Management Act 11
1997--the occupants of lots in the scheme.'. 12
(5) Schedule 4, definition strategic asset management plan, after 13
`part 3'-- 14
insert-- 15
`, division 1'. 16
(6) Schedule 4, definition water service, item 2, paragraph (b)-- 17
omit, insert-- 18
`(b) the service is used only by-- 19
(i) the owner of the infrastructure or the owner's 20
guests or employees including, for example, guests 21
at a resort; or 22
(ii) if the owner of the infrastructure is a body 23
corporate for a community titles scheme under the 24
Body Corporate and Community Management Act 25
1997--the occupants of lots in the scheme.'. 26
Part 3 Amendment of Integrated 27
Planning Act 1997 28
Clause 174 Act amended in pt 3 29
This part amends the Integrated Planning Act 1997. 30
s 175 123 s 177
Water and Other Legislation Amendment Bill 2005
Clause 175 Amendment of sch 8A (Assessment manager for 1
development applications) 2
Schedule 8A, table 4, item 3, paragraph (a)-- 3
omit, insert-- 4
`(a) development for an environmentally relevant activity 5
mentioned in the Environmental Protection Regulation 6
1998, schedule 1, item 19 (dredging material) or 20 7
(extracting rock or other material), or for a combination 8
of environmentally relevant activities mentioned in any 9
of the following combinations of items in that 10
schedule-- 11
(i) items 19 and 20; 12
(ii) items 19 and 22 (screening etc. materials); 13
(iii) items 20 and 22; 14
(iv) items 19, 20 and 22; and'. 15
Part 4 Amendment of Lake Eyre Basin 16
Agreement Act 2001 17
Clause 176 Act amended in pt 4 18
This part amends the Lake Eyre Basin Agreement Act 2001. 19
Clause 177 Replacement of ss 2 and 3 20
Sections 2 and 3-- 21
omit, insert-- 22
`2 Definitions 23
`In this Act-- 24
agreement means the original agreement as amended by the 25
first amending agreement. 26
first amending agreement means the agreement a copy of 27
which is set out in schedule 2. 28
s 178 124 s 179
Water and Other Legislation Amendment Bill 2005
original agreement means the agreement a copy of which is 1
set out in schedule 1. 2
`3 Approval and ratification of agreements 3
`The following agreements are approved and ratified-- 4
(a) the original agreement; 5
(b) the first amending agreement.'. 6
Clause 178 Amendment of schedule (Lake Eyre Basin 7
Intergovernmental Agreement) 8
Schedule, heading-- 9
omit, insert-- 10
`Schedule 1 Lake Eyre Basin 11
Intergovernmental Agreement 12
section 2, definition original agreement'. 13
Clause 179 Insertion of new sch 2 14
After schedule 1, as renumbered-- 15
insert-- 16
`Schedule 2 First Amending Agreement 17
section 2, definition first amending agreement 18
DEED dated the Tenth day of June 2004. 19
BETWEEN: 20
THE COMMONWEALTH OF AUSTRALIA ("the Commonwealth") 21
AND 22
THE STATE OF QUEENSLAND ("Queensland") 23
AND 24
s 179 125 s 179
Water and Other Legislation Amendment Bill 2005
THE STATE OF SOUTH AUSTRALIA ("South Australia") 1
AND 2
THE NORTHERN TERRITORY OF AUSTRALIA ("the Northern 3
Territory") 4
5
BACKGROUND 6
1. On the 21st day of October 2000, the Commonwealth, Queensland 7
and South Australia ("the Original Parties") entered into the LAKE 8
EYRE BASIN INTERGOVERNMENTAL AGREEMENT ("the 9
Original Agreement") to provide for the establishment of 10
arrangements for the management of water and related natural 11
resources for that portion of the Lake Eyre Basin as identified in 12
Clause 1.1 of the Agreement. 13
2. The Northern Territory wishes to become a party to the Original 14
Agreement. 15
3. The Original Parties: 16
a. have agreed to admit the Northern Territory as a party to the 17
Original Agreement; and 18
b. wish to amend certain provisions of the Original Agreement as 19
set out in this Deed. 20
21
OPERATIVE PART: 22
1. MEANING OF WORDS 23
(a) "Effective Date" means, pursuant to clause 12 of the Original 24
Agreement, the date on which this Deed is approved and ratified 25
by the Parliaments of Queensland, South Australia and the 26
Northern Territory. 27
(b) All other capitalised terms used in this Deed have the meaning 28
given to them in the Original Agreement. 29
30
2. CHANGES TO PARTIES 31
On and from the Effective Date the Northern Territory: 32
(a) becomes a Party to the Original Agreement; and 33
s 179 126 s 179
Water and Other Legislation Amendment Bill 2005
(b) is bound by the terms of the Original Agreement in all respects 1
as if the Northern Territory had been named as a Party to the 2
Original Agreement. 3
3. AMENDMENTS TO THE AGREEMENT 4
The Original Agreement is varied in the following manner: 5
(a) by removing clause 1.1 and replacing it with the following 6
clause: 7
"1.1 This Agreement applies to that area of the Lake Eyre 8
Basin (the Agreement Area) encompassing portions of 9
Queensland, South Australia and the Northern Territory 10
of Australia, as depicted in Schedule 1 of this 11
Agreement, including within that area the following river 12
systems and associated catchments, floodplains, 13
overflow channels, lakes, wetlands and sub-artesian 14
waters dependant on surface flows of: 15
a. the Cooper Creek system and associated tributaries 16
in Queensland and South Australia; 17
b. the Diamantiana River system and associated 18
tributaries in Queensland and South Australia; 19
c. the Georgina river system and associated tributaries 20
in Queensland, South Australia and the Northern 21
Territory; 22
d. the Hay River system and associated tributaries in 23
Queensland and the Northern Territory; and 24
e. the Finke River and Todd River systems and 25
associated tributaries in the Northern Territory. 26
(b) by adding the following sub-clause (h) to clause 1.3: 27
"a reference to a "State" includes the Northern 28
Territory." 29
(c) by removing sub-clause 9.2 and replacing it with the 30
following sub-clause: 31
"9.2 Any amendment of this Agreement, including 32
the addition or amendment of a Schedule 33
approved by the Ministerial Forum under clause 34
10 or 12, is subject to approval and ratification by 35
the Parliaments of Queensland, South Australia 36
s 179 127 s 179
Water and Other Legislation Amendment Bill 2005
and the Northern Territory and will come into 1
effect when so approved and ratified." 2
(d) by replacing the map in Schedule 1 to the Original 3
Agreement with the map at Annexure A to this Deed. 4
(e) by this Deed becoming a schedule to the Original 5
Agreement being "Schedule 2". 6
4. TERMS AND CONDITIONS 7
For the purpose of clause 12.1 of the Original Agreement, the 8
terms and conditions prescribed by the Original Parties are as set 9
out in Annexure B to this Deed. 10
11
5. GENERAL 12
(a) Each party must: 13
(a) use its best efforts to do all things necessary or 14
desirable to give full effect to this Deed; and 15
(b) refrain from doing anything that might hinder 16
performance of this Deed. 17
(b) This Deed may be signed in any number of counterparts. 18
(c) Except as varied above the Original Agreement remains 19
in full force and effect. 20
21
Signed, Sealed & Delivered by The Minister for ) 22
the Environment and Heritage of the ) 23
Commonwealth ) 24
) David Kemp (sgd) 25
) ............................... 26
This 10 day of June 2004 ) 27
28
In the presence of 29
Mick Roche (sgd) 30
...................................................... 31
Witness 32
s 179 128 s 179
Water and Other Legislation Amendment Bill 2005
Signed, Sealed & Delivered by The Minister for ) 1
Natural Resources, Mines and Energy of the ) 2
State of Queensland ) 3
) Stephen Robertson 4
(sgd) 5
) ............................... 6
this 10th day of June 2004 ) 7
8
in the presence of 9
Mick Roche (sgd) 10
...................................................... 11
Witness 12
The Common Seal of ) 13
The Minister for Environment and Conservation ) (seal affixed) 14
of the State of South Australia ) John Hill (sgd) 15
) ............................... 16
affixed this 10 day of June 2004 ) 17
18
in the presence of 19
Mick Roche (sgd) 20
...................................................... 21
Witness 22
23
Signed, Sealed & Delivered for and on behalf of ) 24
the Northern Territory of Australia by ) 25
The Minister for Central Australia ) 26
) 27
) Peter Toyne (sgd) 28
) ............................... 29
this 10th day of June 2004 ) 30
s 179 129 s 179
Water and Other Legislation Amendment Bill 2005
in the presence of 1
Mick Roche (sgd) 2
...................................................... 3
Witness 4
s 179 130 s 179
Water and Other Legislation Amendment Bill 2005
`Annexure A The Lake Eyre Basin 1
Agreement Area 2
3
NT
WA
QLD
SA
NSW
VIC
TAS
Ge
r River Diamantina
or
ve
gi
na
o
River
d
n
Sa
Riv e
Catchment
r
Hay
R iv
r
ve
Ri
er
r
ve
H n
so
i
t ina R
Finke
al
om
e
T
Th
i
R
od
River Ri r
ve
d
ve
an
v er
r
Catchment
Ri
m
Dia
oo
rc
Ba
Fi
nk
eR
iv
er
k
nC
e r Cre ek
to
b ur
op
ar o
C
W
0 200
Kilometres
Kilometers
Agreement Area
Lake Eyre Basin Boundary
Catchment Boundary
State Boundary
s 180 131 s 181
Water and Other Legislation Amendment Bill 2005
`Annexure B Terms 1
The Northern Territory will join the Original Agreement on 2
the following terms agreed by and with the Original Parties: 3
a) the Northern Territory will contribute financial and 4
other resources of $50,000 per annum towards the 5
Ministerial Forum Budget, at least $10,000 of which will 6
provided as a cash contribution; 7
b) the cash component of the Northern Territory 8
contribution will be managed in accordance with 9
existing financial arrangements agreed by parties, but 10
will be targeted to travel and other costs involved in 11
supporting Northern Territory participation in the 12
Community Advisory Committee to the Ministerial 13
Forum; 14
c) the remainder of the Northern Territory contribution will 15
be drawn from natural resource management, 16
environmental or other program activities within the 17
Agreement Area that support the objectives of the Lake 18
Eyre Basin Inter-governmental Agreement (but 19
excluding any activities funded jointly through existing 20
Commonwealth Territory agreements).'. 21
Part 5 Amendment of Land Protection 22
(Pest and Stock Route 23
Management) Act 2002 24
Clause 180 Act amended in pt 5 25
This part amends the Land Protection (Pest and Stock Route 26
Management) Act 2002. 27
Clause 181 Amendment of s 325 (Existing agreement about water 28
facilities) 29
Section 325(4), `2 years'-- 30
s 181 132 s 181
Water and Other Legislation Amendment Bill 2005
omit, insert-- 1
`4 years'. 2
© State of Queensland 2005
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