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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Water (Commonwealth
Powers) Bill 2008
Queensland
Water (Commonwealth Powers) Bill 2008
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Reference of matters
3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Reference of matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Termination of references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
6 Effect of termination of amendment reference before initial
reference ........................................ 10
7 Evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 3 Amendment of Water Act 2000
9 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
10 Amendment of s 26 (Moratorium notices) . . . . . . . . . . . . . . . . . . 12
11 Amendment of s 46 (Content of draft water resource plans) . . . . 13
12 Replacement of s 103 (Preparing and approving final draft
resource operations plan). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
103 Preparing and approving final draft resource
operations plan ......................... 13
13 Amendment of s 104 (Public notice of intention not to proceed
with making of draft resource operations plan). . . . . . . . . . . . . . . 15
14 Insertion of new ss 104A and 104B . . . . . . . . . . . . . . . . . . . . . . . 15
104A Public notice of intention not to amend to provide for
deferred aspect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
104B Public access to particular notices . . . . . . . . . . . . . . . 16
15 Amendment of s 105 (Amending resource operations plan) . . . . 16
16 Insertion of new s 105A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
105A Amendment to provide for deferred aspect . . . . . . . . 16
17 Insertion of new ch 8, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Water (Commonwealth Powers) Bill 2008
Contents
Part 6 Murray-Darling Basin
1015 Particular documents to be tabled in the Legislative
Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
18 Insertion of new ch 9, pt 5, div 12. . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 12 Transitional provisions for Water
(Commonwealth Powers) Act 2008
1168 Existing draft resource operation plans . . . . . . . . . . . 17
1169 Enactment of amendment of water resource plans
does not affect nature of plan . . . . . . . . . . . . . . . . . . . 18
19 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 18
Part 4 Amendment of Water Resource (Border Rivers) Plan 2003
20 Water resource plan amended in pt 4 . . . . . . . . . . . . . . . . . . . . . 19
21 Amendment of s 18 (Decisions not to increase amount of water
taken) ...................................... 19
22 Insertion of new s 41A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
41A Grant of unallocated water to CEWH . . . . . . . . . . . . . 19
23 Replacement of schedule 4 (Allocation of unallocated water) . . . 20
Schedule 4 Allocation of unallocated water
Part 5 Amendment of Water Resource (Moonie) Plan 2003
24 Water resource plan amended in pt 5 . . . . . . . . . . . . . . . . . . . . . 21
25 Amendment of s 18 (Decisions not to increase amount of water
taken) ....................................... 21
26 Insertion of new s 41A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
41A Grant of unallocated water to CEWH . . . . . . . . . . . . . 21
Part 6 Amendment of Water Resource (Warrego, Paroo, Bulloo
and Nebine) Plan 2003
27 Water resource plan amended in pt 6 . . . . . . . . . . . . . . . . . . . . . 22
28 Amendment of s 18 (Decisions not to increase amount of water
taken) ....................................... 22
29 Insertion of new s 41A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
41A Grant of unallocated water to CEWH . . . . . . . . . . . . . 22
Part 7 Amendment of Land Act 1994
30 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
31 Amendment of s 431NB (Application of pt 3B). . . . . . . . . . . . . . . 23
32 Amendment of s 431NF (Limit on application of s 358
(Changing deeds of grant--change in description or boundary
of land)) .......................................... 24
Part 8 Amendment of Land Title Act 1994
33 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Page 2
Water (Commonwealth Powers) Bill 2008
Contents
34 Amendment of s 191B (Application of pt 10A) . . . . . . . . . . . . . . . 24
Page 3
2008
A Bill
for
An Act to refer certain matters relating to water management to
the Commonwealth Parliament, to repeal the Murray-Darling
Basin Act 1996 and to amend for particular purposes the Land
Act 1994, the Land Title Act 1994, the Water Act 2000 and
particular water resource plans
Water (Commonwealth Powers) Bill 2008
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Water (Commonwealth Powers) 4
Act 2008. 5
2 Commencement 6
Sections 8 and 17 commence on a day to be fixed by 7
proclamation. 8
Part 2 Reference of matters 9
3 Definitions 10
(1) In this Act-- 11
amendment reference means the reference under section 4(1) 12
(b). 13
Basin water resources means water resources within or 14
beneath that part of this State that comprises the 15
Murray-Darling Basin (as defined in the terms, or 16
substantially in the terms, set out in the initial referred 17
provisions), but does not include ground water resources of 18
the Great Artesian Basin. 19
Commonwealth Water Act means the Water Act 2007 of the 20
Commonwealth, as in force from time to time. 21
Page 6
Water (Commonwealth Powers) Bill 2008
Part 2 Reference of matters
[s 3]
Commonwealth Water Act instrument means any instrument 1
(whether or not of a legislative character) that is made or 2
issued under the Commonwealth Water Act. 3
critical human water needs means the needs for a minimum 4
amount of water, that can only reasonably be provided from 5
Basin water resources, required to meet-- 6
(a) core human consumption requirements in urban and 7
rural areas; and 8
(b) those non-human consumption requirements that a 9
failure to meet would cause prohibitively high social, 10
economic or national security costs. 11
express amendment of the Commonwealth Water Act means 12
the direct amendment of the text of parts 1A, 2A, 4, 4A, 10A 13
and 11A of that Act or of definitions of terms used in those 14
parts (whether by the insertion, omission, repeal, substitution 15
or relocation of words or matter) by another Commonwealth 16
Act or by an instrument under a Commonwealth Act, but does 17
not include the enactment by a Commonwealth Act of a 18
provision that has or will have substantive effect otherwise 19
than as part of the text of those parts or those definitions. 20
initial reference means the reference under section 4(1)(a). 21
initial referred provisions means the text of parts 1A, 2A, 4, 22
4A, 10A and 11A set out in the tabled text. 23
Murray-Darling Basin Agreement means the 24
Murray-Darling Basin Agreement (a copy of which is set out 25
in the tabled text), as amended from time to time by the parties 26
to that Agreement in accordance with the procedure set out in 27
that Agreement. 28
reference means-- 29
(a) the initial reference; or 30
(b) the amendment reference. 31
referred subject-matters means any of the following-- 32
(a) the powers, functions and duties of Commonwealth 33
agencies that-- 34
Page 7
Water (Commonwealth Powers) Bill 2008
Part 2 Reference of matters
[s 4]
(i) relate to Basin water resources; and 1
(ii) are conferred by or under the Murray-Darling 2
Basin Agreement; 3
(b) the management of Basin water resources to meet 4
critical human water needs; 5
(c) water charging in relation to Basin water resources 6
(other than for urban water supply after the removal of 7
the water from a Basin water resource); 8
(d) the transformation of entitlements to water from a Basin 9
water resource to enable trading in those water 10
entitlements; 11
(e) the application, in relation to water resources that are 12
not Basin water resources, of provisions of the 13
Commonwealth Water Act dealing with the 14
subject-matters specified in paragraphs (c) and (d) 15
(being an application of a kind that is authorised by the 16
law of this State); 17
(f) the transfer of assets, rights and liabilities of the 18
Murray-Darling Basin Commission to the 19
Murray-Darling Basin Authority established by the 20
Commonwealth Water Act, and other transitional 21
matters relating to the replacement of that Commission. 22
tabled text means the text of the proposed Water Amendment 23
Bill 2008 for a Commonwealth Act as tabled by or on behalf 24
of the Minister for the River Murray in the House of 25
Assembly of South Australia on 23 September 2008. 26
(2) A reference in this Act to a part of (or to be inserted in) the
Commonwealth Water Act includes a reference to any 28
27
schedule to (or to be inserted in) that Act that contains 29
provisions enacted for the purposes of that part. 30
4 Reference of matters 31
(1) The following matters are referred to the Parliament of the 32
Commonwealth-- 33
Page 8
Water (Commonwealth Powers) Bill 2008
Part 2 Reference of matters
[s 4]
(a) the matters to which the initial referred provisions 1
relate, but only to the extent of the making of laws with 2
respect to those matters by including the initial referred 3
provisions in the Commonwealth Water Act in the 4
terms, or substantially in the terms, set out in schedule 1 5
of the tabled text; 6
(b) the referred subject-matters, but only to the extent of the 7
making of laws with respect to any such matter by 8
making express amendments of the Commonwealth 9
Water Act. 10
(2) The reference of a matter under subsection (1) has effect 11
only-- 12
(a) if and to the extent that the matter is not included in the 13
legislative powers of the Parliament of the 14
Commonwealth (otherwise than by a reference for the 15
purposes of section 51 (xxxvii) of the Constitution of 16
the Commonwealth); and 17
(b) if and to the extent that the matter is included in the 18
legislative powers of the Parliament of this State. 19
(3) The operation of each paragraph of subsection (1) is not 20
affected by the other paragraph. 21
(4) For the avoidance of doubt, it is the intention of the 22
Parliament of this State that-- 23
(a) the Commonwealth Water Act may be expressly 24
amended, or have its operation otherwise affected, at 25
any time after the commencement of this Act by 26
provisions of Commonwealth Acts whose operation is 27
based on legislative powers that the Parliament of the 28
Commonwealth has apart from under the references 29
under subsection (1); and 30
(b) the Commonwealth Water Act may at any time have its 31
operation affected, otherwise than by express 32
amendment, at any time by provisions of 33
Commonwealth Water Act instruments. 34
(5) Despite any other provision of this section, a reference under 35
this section has effect for a period-- 36
Page 9
Water (Commonwealth Powers) Bill 2008
Part 2 Reference of matters
[s 5]
(a) beginning when this section commences; and 1
(b) ending at the end of the day fixed under section 5 as the 2
day on which the reference is to terminate; 3
but no longer. 4
5 Termination of references 5
(1) The Governor may, at any time, by proclamation published in 6
the gazette, fix a day as the day on which-- 7
(a) the references terminate; or 8
(b) the amendment reference terminates. 9
(2) The Governor may, by proclamation published in the gazette, 10
revoke a proclamation published under subsection (1), in 11
which case the revoked proclamation is taken (for the 12
purposes of section 4) never to have been published. 13
(3) A revoking proclamation has effect only if published before 14
the day fixed under subsection (1). 15
(4) The revocation of a proclamation published under subsection 16
(1) does not prevent publication of a further proclamation 17
under that subsection. 18
(5) If the amendment reference has terminated, the expression the
references in subsection (1)(a) refers to the initial reference 20
19
only. 21
6 Effect of termination of amendment reference before 22
initial reference 23
(1) If the amendment reference terminates before the initial 24
reference, the termination of the amendment reference does 25
not affect-- 26
(a) laws that were made under the amendment reference 27
before that termination (whether or not they have come 28
into operation before that termination); or 29
(b) the continued operation in the State of the 30
Commonwealth Water Act as in operation immediately 31
Page 10
Water (Commonwealth Powers) Bill 2008
Part 2 Reference of matters
[s 7]
before that termination or as subsequently amended or 1
affected by-- 2
(i) laws referred to in paragraph (a) that come into 3
operation after that termination; or 4
(ii) provisions referred to in section 4(4)(a) or (b). 5
(2) Accordingly, the amendment reference continues to have 6
effect for the purposes of subsection (1) unless the initial 7
reference is terminated. 8
(3) Subsection (1) does not apply to or in relation to an 9
amendment of the Commonwealth Water Act that is excluded 10
from the operation of this section by the proclamation that 11
terminates the amendment reference. 12
(4) For the purposes of subsection (1)-- 13
(a) the laws referred to in subsection (1)(a) include 14
Commonwealth Water Act instruments; and 15
(b) the reference in subsection (1)(b) to the Commonwealth 16
Water Act as in operation immediately before the 17
termination of the amendment reference includes that 18
legislation as affected by Commonwealth Water Act 19
instruments that have come into operation before that 20
time. 21
7 Evidence 22
(1) A certificate of the Clerk of the House of Assembly of South 23
Australia certifying that a document is an accurate copy of the 24
tabled text, or is an accurate copy of a particular part or of 25
particular provisions of the tabled text, is admissible in 26
evidence in any proceedings and is evidence-- 27
(a) of the matter certified; and 28
(b) that the text of the proposed Commonwealth Bill was 29
tabled in the House of Assembly of South Australia as 30
referred to in the definition of tabled text in section 3. 31
(2) Subsection (1) does not affect any other way in which the 32
tabling or content of the tabled text, or the accuracy of a copy 33
Page 11
Water (Commonwealth Powers) Bill 2008
Part 3 Amendment of Water Act 2000
[s 8]
of the tabled text or of a part or provisions of the tabled text, 1
may be established. 2
8 Repeal 3
The Murray-Darling Basin Act 1996, No. 78 is repealed. 4
Part 3 Amendment of Water Act 2000 5
9 Act amended in pt 3 6
This part amends the Water Act 2000. 7
10 Amendment of s 26 (Moratorium notices) 8
(1) Section 26-- 9
insert-- 10
`(5A) The Minister may publish a moratorium notice-- 11
(a) whether or not a water resource plan has been approved 12
for any water to which the notice applies; and, 13
(b) if a water resource plan has been approved--whether or 14
not a resource operations plan has been approved for the 15
plan. 16
`(5B) If the Minister publishes a moratorium notice when a water 17
resource plan or a resource operations plan has been approved 18
for any water to which the notice applies, the notice prevails 19
over the plan to the extent the plan is inconsistent with the 20
notice.'. 21
(2) Section 26(7)(b)-- 22
omit, insert-- 23
`(b) until-- 24
Page 12
Water (Commonwealth Powers) Bill 2008
Part 3 Amendment of Water Act 2000
[s 11]
(i) a water resource plan is approved for any water to 1
which the moratorium notice applies, but only if a 2
water resource plan for the water to which the 3
notice applies had not been approved before the 4
notice was published; or 5
(ii) the Minister publishes a further notice ending the 6
effect of the moratorium notice, including, for 7
example, in the following circumstances-- 8
(A) when a water resource plan for the water to 9
which the moratorium notice applies had 10
been approved before the moratorium notice 11
was published; 12
(B) when a resource operations plan for the 13
water to which the moratorium notice applies 14
had been approved before, or has been 15
approved after, the moratorium notice was 16
published.'. 17
11 Amendment of s 46 (Content of draft water resource 18
plans) 19
Section 46(3), `until a resource operations plan'-- 20
omit, insert-- 21
(the moratorium water) until a resource operations plan that 22
applies to the moratorium water'. 23
12 Replacement of s 103 (Preparing and approving final 24
draft resource operations plan) 25
Section 103-- 26
omit, insert-- 27
`103 Preparing and approving final draft resource 28
operations plan 29
`(1) This section applies if-- 30
(a) the chief executive has published a notice under section 31
100(1) (the plan notice) about a draft resource 32
Page 13
Water (Commonwealth Powers) Bill 2008
Part 3 Amendment of Water Act 2000
[s 12]
operations plan to implement a water resource plan (the 1
notified draft); and 2
(b) the period under the plan notice for making submissions 3
has ended; and 4
(c) if section 102(2) applied for the notified draft--referral 5
panel recommendations have been made for the notified 6
draft. 7
`(2) The chief executive may decide to prepare, or not to prepare, a 8
final draft resource operations plan in relation to the notified 9
draft (the final draft). 10
`(3) The chief executive may, in preparing the final draft, decide to 11
defer making any provisions about a particular aspect 12
provided for under the notified draft (a deferred aspect) and 13
consider later whether or not to amend under section 105A to 14
make provisions about the deferred aspect. 15
Examples of what a deferred aspect may be about-- 16
· a particular part of the proposed plan area under the notified draft 17
· a particular type of water entitlement 18
· a type of water to which the notified draft applied 19
`(4) In making a decision under this section or preparing the final 20
draft, the chief executive must consider the submissions and, 21
if section 102(2) applied for the notified draft, the referral 22
panel recommendations. 23
`(5) The Governor in Council may approve the final draft if-- 24
(a) the final draft is not inconsistent with the water resource 25
plan; and 26
(b) if the final draft has a deferred aspect, the chief 27
executive has-- 28
(i) published a notice that identifies the deferred 29
aspect and states that the final draft has been 30
prepared without provisions about that aspect; and 31
(ii) given a copy of the notice under subparagraph (i) 32
to each local government and holder to whom the 33
Page 14
Water (Commonwealth Powers) Bill 2008
Part 3 Amendment of Water Act 2000
[s 13]
chief executive was, under section 100(5), required 1
to send a copy of the plan notice. 2
`(6) Notice of the approval must be gazetted. 3
`(7) When approved, the final draft is the resource operations plan 4
for the water resource plan. 5
`(8) In this section-- 6
referral panel recommendations means recommendations 7
under section 102(3) about the notified draft.'. 8
13 Amendment of s 104 (Public notice of intention not to 9
proceed with making of draft resource operations plan) 10
(1) Section 104, heading, after `draft'-- 11
insert-- 12
`or final draft'. 13
(2) Section 104(1), after `plan'-- 14
insert-- 15
`or final draft resource operations plan'. 16
(3) Section 104(4)-- 17
omit. 18
14 Insertion of new ss 104A and 104B 19
Chapter 2, part 4, division 2, subdivision 1-- 20
insert-- 21
`104A Public notice of intention not to amend to provide for 22
deferred aspect 23
`(1) This section applies if-- 24
(a) a resource operations plan has a deferred aspect; and 25
(b) the chief executive decides not to amend the resource 26
operations plan to include provisions about the deferred 27
aspect. 28
Page 15
Water (Commonwealth Powers) Bill 2008
Part 3 Amendment of Water Act 2000
[s 15]
`(2) The chief executive must-- 1
(a) publish a notice advising of the decision and the reasons 2
for it; and 3
(b) give a copy of the notice to each local government and 4
holder to whom the chief executive was required to give 5
notice under section 103(5)(b) about the deferred aspect. 6
`104B Public access to particular notices 7
`If, under section 103(5)(b)(ii), 104(3) or 104A(2)(b), a local 8
government receives a copy of a notice it must make the copy 9
available for inspection by the public.'. 10
15 Amendment of s 105 (Amending resource operations 11
plan) 12
Section 105, heading, `Amending'-- 13
omit, insert-- 14
`General provision for amending'. 15
16 Insertion of new s 105A 16
After section 105-- 17
insert-- 18
`105A Amendment to provide for deferred aspect 19
`(1) This section applies only if a resource operations plan has a 20
deferred aspect and the plan has not previously been amended 21
to include provisions about that aspect. 22
`(2) Despite section 105(3), the Governor in Council may approve 23
an amendment of the resource operations plan without 24
sections 95 to 104 applying if the amendment-- 25
(a) is about the deferred aspect; and 26
(b) is not inconsistent with the water resource plan that the 27
resource operations plan implements.'. 28
Page 16
Water (Commonwealth Powers) Bill 2008
Part 3 Amendment of Water Act 2000
[s 17]
17 Insertion of new ch 8, pt 6 1
Chapter 8-- 2
insert-- 3
`Part 6 Murray-Darling Basin 4
`1015 Particular documents to be tabled in the Legislative 5
Assembly 6
`(1) The Minister must table in the Legislative Assembly-- 7
(a) a copy of each annual report of the Murray-Darling 8
Basin Authority received by the Minister under the 9
Water Act 2007 (Cwlth); and 10
(b) a copy of each amendment of the Agreement that takes 11
effect under the terms of the Agreement; 12
within 15 sitting days after the report is received or the 13
amendment takes effect. 14
`(2) In this section-- 15
Agreement means the Murray-Darling Basin Agreement set 16
out in the Water Act 2007 (Cwlth), schedule 1.'. 17
18 Insertion of new ch 9, pt 5, div 12 18
Chapter 9, part 5-- 19
insert-- 20
`Division 12 Transitional provisions for Water 21
(Commonwealth Powers) Act 2008 22
`1168 Existing draft resource operation plans 23
`Chapter 2, part 4, division 2, as amended under the Water 24
(Commonwealth Powers) Act 2008, applies for a draft 25
resource operations plan prepared under that division before 26
this section commences. 27
Page 17
Water (Commonwealth Powers) Bill 2008
Part 3 Amendment of Water Act 2000
[s 19]
`1169 Enactment of amendment of water resource plans 1
does not affect nature of plan 2
`It is declared that the amendment of a water resource plan 3
(the plan) under the Water (Commonwealth Powers) Act 2008 4
does not affect the power of-- 5
(a) the Minister to prepare, or the Governor in Council to 6
approve, a further amendment of the plan; or 7
(b) the Minister to prepare, and the Governor in Council to 8
approve, another water resource plan to replace the plan; 9
or 10
(c) the Governor in Council to repeal the plan.'. 11
19 Amendment of sch 4 (Dictionary) 12
(1) Schedule 4-- 13
insert-- 14
`deferred aspect, for a resource operations plan, means a 15
deferred aspect under section 103(3) of the final draft of the 16
plan prepared under that section. 17
floodwater means water overflowing, or that has overflowed, 18
from a watercourse or lake onto or over riparian land that is 19
not submerged when the watercourse or lake flows between or 20
is contained within its bed and banks.'. 21
(2) Schedule 4, definition resource operations plan, `section 22
103(2)'-- 23
omit, insert-- 24
`section 103(5)'. 25
Page 18
Water (Commonwealth Powers) Bill 2008
Part 4 Amendment of Water Resource (Border Rivers) Plan 2003
[s 20]
Part 4 Amendment of Water Resource 1
(Border Rivers) Plan 2003 2
20 Water resource plan amended in pt 4 3
This part amends the Water Resource (Border Rivers) Plan 4
2003. 5
21 Amendment of s 18 (Decisions not to increase amount of 6
water taken) 7
Section 18(2), after `40'-- 8
insert-- 9
`or 41A'. 10
22 Insertion of new s 41A 11
Part 5, division 6-- 12
insert-- 13
`41A Grant of unallocated water to CEWH 14
`(1) This section applies despite any other provision of this plan or 15
the Act. 16
`(2) The chief executive must grant to CEWH from unallocated 17
water a water allocation with an average annual volume of 18
500ML for the taking of water from the plan area. 19
`(3) On the day the allocation is granted, the registrar must record 20
on the water allocations register details of the allocation 21
mentioned in the Act, section 127. 22
`(4) Within 30 business days after the chief executive grants the 23
allocation, the chief executive must give CEWH a notice 24
about the grant of the allocation. 25
`(5) The allocation has effect the day the registrar records the 26
granting of the allocation in the register. 27
Page 19
Water (Commonwealth Powers) Bill 2008
Part 4 Amendment of Water Resource (Border Rivers) Plan 2003
[s 23]
`(6) This plan and the Act apply to the allocation, and to CEWH, 1
in the same way as they apply to any other allocation granted 2
by the chief executive and to any other allocation holder. 3
`(7) In this section-- 4
CEWH means the Commonwealth Environmental Water 5
Holder established under the Water Act 2007 (Cwlth), section 6
104.'. 7
23 Replacement of schedule 4 (Allocation of unallocated 8
water) 9
Schedule 4-- 10
omit, insert-- 11
`Schedule 4 Allocation of unallocated water 12
section 39 13
Column 1 Column 2 Column 3
Part of the plan area Average annual volume Use
Stanthorpe Water 3000ML Irrigation and
Management Area associated industry
Stanthorpe Water 500ML Any
Management Area
Stanthorpe Water 1500ML Town water supply'.
Management Area
Page 20
Water (Commonwealth Powers) Bill 2008
Part 5 Amendment of Water Resource (Moonie) Plan 2003
[s 24]
Part 5 Amendment of Water Resource 1
(Moonie) Plan 2003 2
24 Water resource plan amended in pt 5 3
This part amends the Water Resource (Moonie Plan) 2003. 4
25 Amendment of s 18 (Decisions not to increase amount of 5
water taken) 6
Section 18(2), after `40'-- 7
insert-- 8
`or 41A'. 9
26 Insertion of new s 41A 10
Part 5, division 6-- 11
insert-- 12
`41A Grant of unallocated water to CEWH 13
`(1) This section applies despite any other provision of this plan or 14
the Act. 15
`(2) The chief executive must grant to CEWH from unallocated 16
water a water allocation with an average annual volume of 17
1100ML for the taking of water from the Moonie River. 18
`(3) On the day the allocation is granted, the registrar must record 19
on the water allocations register details of the allocation 20
mentioned in the Act, section 127. 21
`(4) Within 30 business days after the chief executive grants the 22
allocation, the chief executive must give CEWH a notice 23
about the grant of the allocation. 24
`(5) The allocation has effect the day the registrar records the 25
granting of the allocation in the register. 26
Page 21
Water (Commonwealth Powers) Bill 2008
Part 6 Amendment of Water Resource (Warrego, Paroo, Bulloo and Nebine) Plan 2003
[s 27]
`(6) This plan and the Act apply to the allocation, and to CEWH, 1
in the same way as they apply to any other allocation granted 2
by the chief executive and to any other allocation holder. 3
`(7) In this section-- 4
CEWH means the Commonwealth Environmental Water 5
Holder established under the Water Act 2007 (Cwlth), section 6
104.'. 7
Part 6 Amendment of Water Resource 8
(Warrego, Paroo, Bulloo and 9
Nebine) Plan 2003 10
27 Water resource plan amended in pt 6 11
This part amends the Water Resource (Warrego, Paroo, Bulloo 12
and Nebine) Plan) 2003. 13
28 Amendment of s 18 (Decisions not to increase amount of 14
water taken) 15
Section 18(2), after `40'-- 16
insert-- 17
`or 41A'. 18
29 Insertion of new s 41A 19
Part 5, division 6-- 20
insert-- 21
`41A Grant of unallocated water to CEWH 22
`(1) This section applies despite any other provision of this plan or 23
the Act. 24
Page 22
Water (Commonwealth Powers) Bill 2008
Part 7 Amendment of Land Act 1994
[s 30]
`(2) The chief executive must grant to CEWH from unallocated 1
water-- 2
(a) a water allocation with an average annual volume of 3
8000ML for the taking of water from the catchment of 4
the Warrego River; and 5
(b) a water allocation with an average annual volume of 6
1000ML for the taking of water from the catchment of 7
the Nebine River. 8
`(3) On the day the allocation is granted, the registrar must record 9
on the water allocations register details of the allocation 10
mentioned in the Act, section 127. 11
`(4) Within 30 business days after the chief executive grants the 12
allocation, the chief executive must give CEWH a notice 13
about the grant of the allocation. 14
`(5) The allocation has effect the day the registrar records the 15
granting of the allocation in the register. 16
`(6) This plan and the Act apply to the allocation, and to CEWH, 17
in the same way as they apply to any other allocation granted 18
by the chief executive and to any other allocation holder. 19
`(7) In this section-- 20
CEWH means the Commonwealth Environmental Water 21
Holder established under the Water Act 2007 (Cwlth), section 22
104.'. 23
Part 7 Amendment of Land Act 1994 24
30 Act amended in pt 7 25
This part amends the Land Act 1994. 26
31 Amendment of s 431NB (Application of pt 3B) 27
Section 431NB(1)(a)(ii), `2008'-- 28
Page 23
Water (Commonwealth Powers) Bill 2008
Part 8 Amendment of Land Title Act 1994
[s 32]
omit, insert-- 1
`2009'. 2
32 Amendment of s 431NF (Limit on application of s 358 3
(Changing deeds of grant--change in description or 4
boundary of land)) 5
Section 431NF, `2008'-- 6
omit, insert-- 7
`2009'. 8
Part 8 Amendment of Land Title Act 9
1994 10
33 Act amended in pt 8 11
This part amends the Land Title Act 1994. 12
34 Amendment of s 191B (Application of pt 10A) 13
Section 191B(1)(a)(ii), `2008'-- 14
omit, insert-- 15
`2009'. 16
© State of Queensland 2008
Page 24
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