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Queensland
WATER RESOURCES
AMENDMENT BILL 1995
Queensland
WATER RESOURCES AMENDMENT
BILL 1995
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 1.4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 3.20 (Power of Corporation to supply water by
agreement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Amendment of s 3.28 (Matters to be set forth in order in council) . . . . . . . 8
7 Replacement of s 4.2 (Declaration re catchment area) . . . . . . . . . . . . . . . . 8
4.2 Control over catchment area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8 Amendment of s 4.13 (Requirements as to licence) . . . . . . . . . . . . . . . . . . . 9
9 Amendment of s 4.17 (Application for licence) . . . . . . . . . . . . . . . . . . . . . . 10
10 Amendment of s 4.19 (Licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
11 Replacement of s 4.22 (Transfer of licence) . . . . . . . . . . . . . . . . . . . . . . . . . 12
4.22 Transferring licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
12 Amendment of s 4.24 (Effect of disposal of subdivided land) . . . . . . . . . . . 12
13 Amendment of s 4.25 (Amendment, variation, cancellation,
revocation or suspension of licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
14 Amendment of s 4.26 (Appeal to Land Court) . . . . . . . . . . . . . . . . . . . . . . . 13
15 Amendment of s 4.34 (Procedure before dealing with controlled
quarry material on Crown holding) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
16 Amendment of s 4.52 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
17 Insertion of new Pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
PART 4A--SALE OF WATER ENTITLEMENTS
4A.1 Purpose of this Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2
Water Resources Amendment
4A.2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
4A.3 Chief executive may publish notice . . . . . . . . . . . . . . . . . . . . . . . . . . 15
4A.4 Where notice must be published . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
4A.5 Inquiry before publication of notice of intention to sell . . . . . . . . . . 16
4A.6 Persons who are eligible to give objections . . . . . . . . . . . . . . . . . . . 16
4A.7 Chief executive must inquire into objections . . . . . . . . . . . . . . . . . . 17
4A.8 Chief executive may amend notice of intention to sell . . . . . . . . . . 17
4A.9 Objections to amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
4A.10 Steps to be taken after inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
4A.11 Chief executive may sell entitlements after notice is published . . . 19
4A.12 Issue of licence on sale of entitlement . . . . . . . . . . . . . . . . . . . . . . . 19
18 Amendment of s 5.3 (Requirements by chief executive as to
referable dam) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
19 Amendment of s 7.2 (Constitution of designated area) . . . . . . . . . . . . . . . . 20
20 Replacement of s 7.3 (Procedure prior to constitution of
designated area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
7.3 Procedure before making regulation about designated area . . . . . . . 21
21 Replacement of s 8.3 (Approval of proposal by Governor in Council) . . . . 23
8.3 Minister to provide report to Governor in Council . . . . . . . . . . . . . . 24
22 Replacement of s 8.4 (Establishment of irrigation undertaking) . . . . . . . . . 24
8.4 Establishing the irrigation undertaking . . . . . . . . . . . . . . . . . . . . . . . . 24
23 Omission of s 8.11 (Determination of holding) . . . . . . . . . . . . . . . . . . . . . . . 24
24 Replacement of s 8.12 (Grant of water allocation to holding) . . . . . . . . . . . 24
8.12 Grant of water allocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
25 Amendment of s 8.13 (Licence in respect of water allocation for
holding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
26 Replacement of s 8.15 (Power of chief executive with respect to
nominal allocation upon subdivision of holding) . . . . . . . . . . . . . . . . . . . . . 25
8.15 Chief executive's power if nominal allocation land is
subdivided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
27 Amendment of s 9.1 (Constitution of area) . . . . . . . . . . . . . . . . . . . . . . . . . . 26
28 Amendment of s 9.3 (Procedure prior to submission of proposals
for making of order in council under s 9.1) . . . . . . . . . . . . . . . . . . . . . . . . . . 28
3
Water Resources Amendment
29 Replacement of s 9.4 (Constitution) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
9.4 Membership of boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
9.4A Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
9.4B Appointment of board members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
9.4C Election of board members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
9.4D Persons qualified to be elected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
9.4E Amalgamation of boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
30 Amendment of s 9.12 (General powers, authorities, functions and
duties) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
31 Amendment of s 9.19 (Supply of water to local government or
corporation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
32 Amendment of s 9.22 (Interference with works of local government) . . . . . 32
33 Amendment of s 9.61 (Prohibition on voting by member having
pecuniary interest) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
34 Amendment of s 10.13 (Water charges) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
35 Insertion of new s 10.17A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
10.17A Person may sell right to nominal allocation . . . . . . . . . . . . . . . . . . . 33
36 Amendment of s 10.22 (Appeal to Minister) . . . . . . . . . . . . . . . . . . . . . . . . . 34
37 Amendment of Land Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 36
MINOR AMENDMENTS
1995
A BILL
FOR
An Act to amend the Water Resources Act 1989 and another Act
s1 6 s4
Water Resources Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Water Resources Amendment Act 1995. 3
4
Commencement
Clause 2. Amendments 8, 9, 47 to 49 and 72 of the Schedule commence on the 5
day the Land Act 1994, section 527 commences. 6
amended 7
Act
Clause 3. This Act (other than section 37) amends the Water Resources Act 8
1989. 9
of s 1.4 (Interpretation) 10
Amendment
Clause 4.(1) Section 1.4(1), definitions "catchment area", "designated area" 11
and "Land Administration Commission"-- 12
omit. 13
(2) Section 1.4(1)-- 14
insert-- 15
` "catchment area" see section 4.2.1 16
"designated area" see section 7.2.2'. 17
(3) Section 1.4(1), definition "controlled works", at the end-- 18
insert-- 19
`, or works declared under a regulation not to be controlled works'. 20
1 Section 4.2 (Control over catchment area)
2 Section 7.2 (Constitution of designated area)
s5 7 s5
Water Resources Amendment
of s 3.20 (Power of Corporation to supply water by 1
Amendment
agreement) 2
Clause 5.(1) Section 3.20(1)-- 3
omit, insert-- 4
`3.20(1) This section applies despite section 4.13.3 5
`(1A) The Corporation may supply water to a local government or 6
another person (the "consumer"), for any purpose, under an agreement 7
with the consumer. 8
`(1B) However, the terms of the agreement must-- 9
(a) for a secondary supply agreement-- 10
(i) comply with terms approved by the Governor in Council for 11
secondary supply agreements; or 12
(ii) be approved under a regulation; or 13
(b) otherwise--be approved under a regulation.'. 14
(2) Section 3.20(1A)-- 15
renumber as subsection (1C). 16
(3) Section 3.20(1C) (as renumbered), words before paragraph (a)-- 17
omit, insert-- 18
`The agreement may, for example, include the following--'. 19
(4) Section 3.20-- 20
insert-- 21
`(5) In this section-- 22
"secondary supply agreement" means an agreement, between the 23
Corporation and a consumer, for the supply of water to the consumer 24
from works owned by-- 25
(a) the Corporation; or 26
(b) someone else other than the consumer.'. 27
3 Section 4.13 (Requirements as to licence)
s6 8 s7
Water Resources Amendment
of s 3.28 (Matters to be set forth in order in council) 1
Amendment
Clause 6.(1) Section 3.28, heading-- 2
omit, insert-- 3
`Further matters about the operation of a council or committee'. 4
(2) Section 3.28(1), words before paragraph (a)-- 5
omit, insert-- 6
`If the Minister establishes the advisory council or an advisory 7
committee, the Minister must decide in writing--'. 8
(3) Section 3.28(1)(c), `in a case where the Governor in Council'-- 9
omit, insert-- 10
`if the Minister'. 11
(4) Section 3.28(1)(e), `Governor in Council'-- 12
omit, insert-- 13
`Minister'. 14
(5) Section 3.28(2)-- 15
omit. 16
of s 4.2 (Declaration re catchment area) 17
Replacement
Clause 7. Section 4.2-- 18
omit, insert-- 19
over catchment area 20
`Control
`4.2(1) For the purpose of preserving water quality, a regulation may-- 21
(a) declare an area to be a catchment area; and 22
(b) authorise the chief executive to control specified use of land in the 23
catchment area, including, for example-- 24
(i) the subdivision of land; and 25
(ii) the rezoning of land; and 26
(iii) the disposal of effluent; and 27
s8 9 s8
Water Resources Amendment
(iv) another activity that may affect water quality; and 1
(c) prescribe how the chief executive may exercise the control. 2
`(2) A regulation under this section may-- 3
(a) provide that the chief executive may delegate the chief executive's 4
powers under the regulation, in relation to land in a catchment 5
area, to the local government in whose area the land is situated; 6
and 7
(b) make provision about the exercise of a delegated power.'. 8
of s 4.13 (Requirements as to licence) 9
Amendment
Clause 8.(1) Section 4.13(1)(a) to (i), at the end of each paragraph-- 10
insert-- 11
`or'. 12
(2) Section 4.13(1)(j)-- 13
omit, insert-- 14
`(j) keeps or uses, in a designated area, controlled works constructed 15
before the constitution of the designated area;'. 16
(3) Section 4.13(3), `or, as the case may be, on which the levee banks in 17
question became controlled works under section 7.5'-- 18
omit. 19
(4) After section 4.13(3)-- 20
insert-- 21
`(3A) If subsection (1)(j) takes effect in relation to particular controlled 22
works, a person who immediately before it took effect was keeping or 23
using the controlled works may continue to do so-- 24
(a) for the time allowed by subsection (3) to make an application for 25
a licence; and 26
(b) pending a decision on the application and any appeal that may 27
result from the decision. 28
`(3B) Subsection (3A) stops applying to a person keeping or using 29
s9 10 s9
Water Resources Amendment
controlled works mentioned in the subsection if the person does not apply 1
for a licence for the works in the time allowed by subsection (3).'. 2
of s 4.17 (Application for licence) 3
Amendment
Clause 9.(1) Section 4.17(1A)-- 4
omit, insert-- 5
`(1A) An applicant for a licence for a referable dam must also pay the fee 6
prescribed under a regulation for an assessment of the application. 7
`(1AA) The chief executive may require an applicant to give to the chief 8
executive further information, plans and other documents relevant to the 9
application.'. 10
(2) Section 4.17(2)-- 11
insert-- 12
`(d) a licence for works specified under a regulation under section 7.2 13
as acceptable existing works;'. 14
(3) After section 4.17(2)-- 15
insert-- 16
`(2AA) The chief executive is not required to publish the notice if-- 17
(a) the licence application is for an artesian bore or subartesian bore; 18
and 19
(b) the chief executive receives, from each owner of land entitled to 20
object to the granting of the application under subsection (3), a 21
signed statement, in the form approved by the chief executive, 22
that the owner does not object to the granting of the application.'. 23
(4) Section 4.17(3A)(a) and (b)-- 24
omit, insert-- 25
`(a) if the application is about works constructed or to be constructed 26
in or on a watercourse or spring-- 27
(i) the land is situated so that-- 28
(A) the nearest part of the land upstream of the applicant's 29
land or the land to which the application relates (the 30
s 10 11 s 10
Water Resources Amendment
"affected land") is within a radius of 8 km of the 1
affected land; or 2
(B) the nearest part of the land downstream of the affected 3
land is within a radius of 24 km of the affected land; 4
and 5
(ii) if the land does not abut the watercourse or spring--the 6
owner of the land holds a licence granted on an application 7
under section 4.14; or 8
(b) if the application is about works constructed or to be constructed 9
on a lake-- 10
(i) the nearest part of the land to the applicant's land or the land 11
to which the application relates (the "affected land") is 12
within a radius of 8 km of the affected land; and 13
(ii) if the land does not abut the lake--the owner of the land 14
holds a licence granted on an application under section 4.14; 15
or'. 16
(5) Section 4.17(3A)(c) and (d), `where the application relates to'-- 17
omit, insert-- 18
`if the application is about'. 19
of s 4.19 (Licences) 20
Amendment
Clause 10.(1) Section 4.19(1)(a)-- 21
omit, insert-- 22
`(a) is subject to the terms decided by the chief executive and 23
endorsed on, or attached to, the licence, including, for example, 24
payment of any fee, charge or other amount the licensee is 25
required to pay under this Act; and'. 26
(2) Section 4.19(1)(b)(vi), `or works declared by the chief executive 27
under section 5.2 to be a referable dam'-- 28
omit. 29
s 11 12 s 12
Water Resources Amendment
of s 4.22 (Transfer of licence) 1
Replacement
Clause 11. Section 4.22-- 2
omit, insert-- 3
licences 4
`Transferring
`4.22(1) On application, the chief executive may transfer a licence from 5
an existing holder to someone else to take into account a change in 6
ownership of land to which the licence relates. 7
`(2) The application must be in a form approved by the chief executive. 8
`(3) The application must be accompanied by the fee that may be 9
prescribed under a regulation. 10
`(4) The chief executive may amend the terms of a licence for the 11
purpose of its transfer.'. 12
of s 4.24 (Effect of disposal of subdivided land) 13
Amendment
Clause 12.(1) Section 4.24(1)-- 14
omit, insert-- 15
`4.24(1) This section applies if-- 16
(a) a licence, authorising water to be taken, is in force for land; and 17
(b) the land is subdivided, whether before or after the issue of the 18
licence; and 19
(c) a separate parcel of land comprising the subdivision is disposed 20
of while the licence is in force. 21
`(1A) On the disposal, the licence ceases to exist and section 4.25(3) and 22
(5) apply as if the licence had been cancelled or revoked under that section.'. 23
(2) Section 4.24(2), `Notwithstanding subsection (1), where'-- 24
omit, insert-- 25
`However, if'. 26
s 13 13 s 15
Water Resources Amendment
of s 4.25 (Amendment, variation, cancellation, revocation 1
Amendment
or suspension of licence) 2
Clause 13. Section 4.25(1)(c)-- 3
insert-- 4
`(iii) has not complied with a requirement made by the chief 5
executive, under this Act, about the works the subject of the 6
licence;'. 7
of s 4.26 (Appeal to Land Court) 8
Amendment
Clause 14.(1) After section 4.26(1)-- 9
insert-- 10
`(1A) A person aggrieved by a sale proposal published under 11
section 4A.10 may lodge an appeal with the Land Court about the sale 12
proposal within 30 days after the day the sale proposal is last published.'. 13
(2) Section 4.26(2)(a), `(a), (b) or (c)'-- 14
omit, insert-- 15
`(a) to (d)'. 16
(3) After section 4.26(2)(a)-- 17
insert-- 18
`(aa) an application for a licence for works specified under a regulation 19
under section 7.2 as acceptable proposed works;'. 20
of s 4.34 (Procedure before dealing with controlled 21
Amendment
quarry material on Crown holding) 22
Clause 15. Section 4.34(3B)-- 23
omit, insert-- 24
`(3B) Subsections (3) and (3A) do not apply if the controlled quarry 25
material is required-- 26
(a) for the construction or altering of roads, by or for-- 27
(i) a local government; or 28
s 16 14 s 17
Water Resources Amendment
(ii) the chief executive of the department in which the Transport 1
Infrastructure Act 1994 is administered; or 2
(b) by or for Queensland Railways for the construction or 3
maintenance of a railway or other transportation system.'. 4
of s 4.52 (Appeals) 5
Amendment
Clause 16. Section 4.52(5)-- 6
omit, insert-- 7
`(5) An appeal is started by-- 8
(a) filing with the clerk of the court a written notice of the appeal 9
within 30 days after being notified by the chief executive of the 10
decision; and 11
(b) giving a copy of the notice to the chief executive within 14 days 12
after the filing.'. 13
of new Pt 4A 14
Insertion
Clause 17. After Part 4-- 15
insert-- 16
`PART 4A--SALE OF WATER ENTITLEMENTS 17
of this Part 18
`Purpose
`4A.1 The purpose of this Part is to allow recovery of costs incurred by 19
the State in providing works by enabling the chief executive to sell, to 20
owners of land, entitlements to be issued licences for nominal allocations of 21
water provided by the works. 22
23
`Definitions
`4A.2 In this Part-- 24
"entitlement" means an entitlement to be issued a licence under this Part to 25
take and use a nominal allocation for land specified in a sale proposal. 26
s 17 15 s 17
Water Resources Amendment
"entitlement information", for the sale of entitlements, means information 1
specifying-- 2
(a) the quantity of water available for sale; and 3
(b) the land whose owners will be entitled to purchase the 4
entitlements; and 5
(c) the way the entitlements will be sold, including how the purchaser 6
and the price will be decided; and 7
(d) the terms that may be included in a potential licence, including, 8
for example-- 9
(i) conditions about the subsequent sale of some or all of the 10
entitlements of the licence holder; and 11
(ii) fees or charges that may be imposed in relation to the 12
licence; and 13
(iii) terms mentioned in section 4.19(1);4 and 14
(e) any other condition of the entitlement. 15
"notice of intention to sell" see section 4A.3(1). 16
"potential licence" means a licence that might be issued within the terms 17
of a notice of intention to sell. 18
"sale proposal" means a sale proposal under section 4A.10. 19
executive may publish notice 20
`Chief
`4A.3(1) The chief executive may publish a notice (a "notice of 21
intention to sell") stating that the chief executive proposes to sell 22
entitlements to the owners of specified land. 23
`(2) The chief executive may only publish a notice of intention to sell 24
with the Governor in Council's approval. 25
`(3) A notice of intention to sell must-- 26
(a) state that the chief executive proposes selling entitlements in 27
relation to land; and 28
4 Section 4.19 (Licences)
s 17 16 s 17
Water Resources Amendment
(b) include the entitlement information about the proposal or state 1
where a copy of the information may be inspected; and 2
(c) invite persons to give objections to the chief executive within 3
60 days after publication. 4
notice must be published 5
`Where
`4A.4 A notice of intention to sell must be published in a newspaper 6
circulating in every place where there is situated land-- 7
(a) specified in the entitlement information; or 8
(b) whose owners the chief executive reasonably considers are 9
eligible to give objections to the chief executive about the notice of 10
intention to sell. 11
before publication of notice of intention to sell 12
`Inquiry
`4A.5(1) Before publishing a notice of intention to sell, the chief 13
executive must cause to be made the type of inquiry that the chief executive 14
would have to cause to be made under section 4.185 if an application were 15
made under section 4.176 for the issue of any potential licence. 16
`(2) In a notice of intention to sell, the chief executive may only make 17
provision for the sale of an entitlement relating to land within an irrigation 18
area if the chief executive reasonably considers there is enough water 19
available for the entitlement after taking into account water that is to be 20
supplied to the holders of licences under section 8.13.7 21
who are eligible to give objections 22
`Persons
`4A.6 The following persons may give an objection to the chief executive 23
about a notice of intention to sell-- 24
(a) a person who would be entitled to object under section 4.17(3) to 25
5 Section 4.18 (Inquiry by chief executive and grant or refusal of application)
6 Section 4.17 (Application for licence)
7 Section 8.13 (Licence for water allocation for land)
s 17 17 s 17
Water Resources Amendment
an application for any potential licence if section 4A.12 did not 1
prevent the objection; 2
(b) a person who, by paying any charge, levy or another amount 3
under this Act, contributes to the cost of the works that will 4
provide the nominal allocations for a potential licence; 5
(c) a person who is the owner of land that is not included in the land 6
specified in the notice of intention to sell who objects to the fact 7
that it has not been included. 8
executive must inquire into objections 9
`Chief
`4A.7(1) For each objection received under section 4A.6(a) or (b), the 10
chief executive must cause inquiry to be made into the relative advantages 11
and disadvantages arising from the issue of the potential licences having 12
regard to its effect on the interests of the objector. 13
`(2) For an objection under section 4A.6(c), unless the chief executive 14
considers that the inquiry made under section 4A.5 dealt with the issues 15
raised in the objection, the chief executive must cause the inquiry mentioned 16
in section 4A.5 to be extended sufficiently to deal with the issues raised in 17
the objection. 18
executive may amend notice of intention to sell 19
`Chief
`4A.8(1) The chief executive may amend a notice of intention to sell, by 20
notice published-- 21
(a) in every newspaper in which the notice of intention to sell was 22
published; and 23
(b) in every other newspaper in which publication of the notice of 24
intention to sell would have been published were the amendment 25
made before the publication. 26
`(2) The notice must-- 27
(a) state the terms of the amendment or state where a copy of the 28
amendment may be inspected; and 29
(b) invite persons to give objections about the amendment to the chief 30
executive within 60 days after publication. 31
s 17 18 s 17
Water Resources Amendment
`(3) An amendment may take the form of an interim notice of intention 1
to sell that indicates how the notice of intention to sell has been amended. 2
`(4) An amendment may be made in response to an objection under 3
section 4A.9 or for another reason. 4
`(5) An amendment may only be made with the Governor in Council's 5
approval. 6
`(6) The chief executive may amend a notice of intention to sell without 7
publishing it under subsection (1) if-- 8
(a) the substantial effect of the amendment is to reduce the total 9
amount of land specified in the notice or the total amount of water 10
available for potential licences; or 11
(b) the chief executive reasonably considers that the amendment will 12
not substantially adversely affect the rights of a person who 13
would be entitled to object if the amendment were published. 14
to amendment 15
`Objections
`4A.9(1) The following persons may give an objection to the chief 16
executive about an amendment of a notice of intention to sell-- 17
(a) a person who was not entitled to object to the notice of intention 18
to sell when it was published under section 4A.3 but who would 19
have been entitled to object if the amendment had been made 20
before then; 21
(b) a person-- 22
(i) who was entitled to object to the notice of intention to sell 23
when it was published under section 4A.3; and 24
(ii) who has been adversely affected by the amendment. 25
`(2) Section 4A.7,8 with all necessary changes, applies to an objection to 26
an amendment. 27
8 Section 4A.7 (Chief executive must inquire into objections)
s 17 19 s 17
Water Resources Amendment
to be taken after inquiry 1
`Steps
`4A.10(1) After-- 2
(a) complying with the procedure under sections 4A.3 to 4A.9; and 3
(b) deciding any further change to the entitlement information the 4
chief executive reasonably considers appropriate arising out of the 5
inquiry under 4A.9(2); 6
the chief executive may publish a notice (the "sale proposal") advertising 7
the proposed sale of the entitlements. 8
`(2) To remove doubt, it is declared that section 4A.8 does not apply to a 9
change under subsection (1)(b). 10
`(3) The chief executive may only publish the sale proposal with the 11
Governor in Council's approval. 12
`(4) The sale proposal must include the entitlement information. 13
`(5) The sale proposal must be published in a newspaper circulating in 14
every place where land specified in the entitlement information is situated. 15
executive may sell entitlements after notice is published 16
`Chief
`4A.11 The chief executive may only sell entitlements-- 17
(a) as stated in the sale proposal to which the entitlements relate; and 18
(b) more than 30 days after the day the sale proposal was last 19
published; and 20
(c) as prescribed under a regulation. 21
of licence on sale of entitlement 22
`Issue
`4A.12(1) On the sale of an entitlement, the chief executive may, without 23
further procedure, issue a licence as required under the terms of the sale. 24
`(2) A licence cannot be issued under subsection (1) to a person not 25
entitled to purchase the entitlement to be issued with the licence under the 26
terms of the relevant sale proposal. 27
`(3) The following sections do not apply to the issue of the licence under 28
subsection (1)-- 29
s 18 20 s 19
Water Resources Amendment
· section 4.17 (Application for licence) 1
· section 4.18 (Inquiry by chief executive and grant or refusal of 2
application) 3
· section 4.26 (Appeal to Land Court).'. 4
of s 5.3 (Requirements by chief executive as to referable 5
Amendment
dam) 6
Clause 18.(1) Section 5.3(a), `constructed or to be constructed'-- 7
omit. 8
(2) Section 5.3-- 9
insert-- 10
`(2) The chief executive may also require the owner of a referable dam to 11
give to the chief executive information, plans and other documents about the 12
dam. 13
`(3) The owner of a referable dam must pay the fee prescribed under a 14
regulation for-- 15
(a) a periodical inspection of the dam by the chief executive; or 16
(b) an assessment of documents about the dam given to the chief 17
executive; or 18
(c) another activity performed by the chief executive under this 19
section in relation to the dam. 20
`(4) The owner of a referable dam must comply with a requirement 21
under this section unless the owner has a reasonable excuse for not 22
complying with it. 23
Maximum penalty for subsection (4)--200 penalty units'. 24
of s 7.2 (Constitution of designated area) 25
Amendment
Clause 19.(1) Section 7.2, `the Governor in Council, by order in council'-- 26
omit, insert-- 27
`a regulation'. 28
s 20 21 s 20
Water Resources Amendment
(2) Section 7.2-- 1
insert-- 2
`(2) A regulation may be made under subsection (1) only to give effect to 3
a proposal recommended under section 7.3. 4
`(3) The regulation must specify the details of the proposal to which it 5
gives effect.'. 6
of s 7.3 (Procedure prior to constitution of designated 7
Replacement
area) 8
Clause 20. Section 7.3-- 9
omit, insert-- 10
before making regulation about designated area 11
`Procedure
`7.3(1) This section specifies the procedure for making a 12
recommendation about a proposal before a regulation may be made, under 13
section 7.2, to give effect to the proposal. 14
`(2) The chief executive must publish a notice about the proposal in the 15
Gazette and in a newspaper circulating in the part of Queensland the subject 16
of the proposal (the "relevant land"). 17
`(3) The notice-- 18
(a) must describe the proposal; and 19
(b) must describe the relevant land; and 20
(c) must include a map or plan of the relevant land, or specify where 21
a map or plan may be inspected; and 22
(d) for a proposal to constitute a designated area-- 23
(i) must specify the purposes for which the area is proposed to 24
be constituted; and 25
(ii) may specify acceptable existing works or acceptable 26
proposed works for the area; and 27
(e) must state that objections may be given to the chief executive 28
about the proposal; and 29
(f) must specify-- 30
s 20 22 s 20
Water Resources Amendment
(i) the persons eligible to object to the proposal; and 1
(ii) the date and time by which the objections must be given; and 2
(iii) the address for giving the objections. 3
`(4) The date specified as the date by which the objections must be given 4
must not be less than 60 days after the first publication of the notice in the 5
Gazette. 6
`(5) The following persons are eligible to object to a proposal-- 7
(a) a person who-- 8
(i) owns, occupies or claims a right or interest in the relevant 9
land or other land specified in the notice for the purpose; and 10
(ii) considers the person's rights or interests will or may be 11
affected by the proposal; 12
(b) an entity that-- 13
(i) represents a community, whether or not the community 14
lives in the designated area or proposed designated area; and 15
(ii) considers the rights or interests of the persons in the 16
community will or may be affected by the proposal. 17
`(6) The chief executive may-- 18
(a) carry out any investigation the chief executive considers necessary 19
into an objection given to the chief executive; and 20
(b) make a written recommendation to the Minister about the 21
regulation the Governor in Council may consider making under 22
section 7.2. 23
`(7) The recommendation may contain a proposal (a "modified 24
proposal") that is different to the proposal notified under subsection (2) 25
(the "original proposal"). 26
`(8) However, before making a recommendation to the Minister that 27
contains a modified proposal, the chief executive must publish another 28
notification (the "later notification"), in the Gazette and in a newspaper 29
circulating in the relevant locality, specifying-- 30
(a) the differences between the original proposal and the modified 31
proposal; and 32
s 21 23 s 21
Water Resources Amendment
(b) the date and time, not earlier than 14 days after publication of the 1
later notification, by which objections to the modified proposal, 2
about the matters that are different, may be given to the chief 3
executive. 4
`(9) The chief executive may carry out any investigation the chief 5
executive considers necessary into an objection about the modified proposal 6
given to the chief executive. 7
`(10) In this section-- 8
"acceptable existing works" means works that-- 9
(a) would be controlled works if they were in a designated area; and 10
(b) would not have an unacceptable hydraulic impact if the place 11
where the works are situated were flooded. 12
"acceptable proposed works" means proposed works that-- 13
(a) are proposed to be constructed by a day specified in the proposal; 14
and 15
(b) would be controlled works, when constructed, if the proposed 16
worksite were in a designated area; and 17
(c) would not have an unacceptable hydraulic impact if the proposed 18
worksite were flooded after the works were constructed. 19
"proposed worksite", for acceptable proposed works, means the site 20
where it is proposed the works will be constructed. 21
"unacceptable hydraulic impact" of works means the impact the works 22
have on floodwater if persons other than the owner of the works are 23
disadvantaged, to an extent the chief executive considers unacceptable, 24
because of-- 25
(a) damage to their property; or 26
(b) reduction of beneficial flooding; or 27
(c) another reason.'. 28
of s 8.3 (Approval of proposal by Governor in Council) 29
Replacement
Clause 21. Section 8.3-- 30
s 22 24 s 24
Water Resources Amendment
omit, insert-- 1
to provide report to Governor in Council 2
`Minister
`8.3 The Minister may submit to the Governor in Council-- 3
(a) the report; and 4
(b) recommendations about the undertaking.'. 5
of s 8.4 (Establishment of irrigation undertaking) 6
Replacement
Clause 22. Section 8.4-- 7
omit, insert-- 8
the irrigation undertaking 9
`Establishing
`8.4 On receiving the report and recommendations, the Governor in 10
Council must consider the report and recommendations and take the 11
following action as the Governor in Council considers appropriate-- 12
(a) make a regulation establishing the undertaking on terms-- 13
(i) that are set out in the recommendations; or 14
(ii) that vary from the terms set out in recommendations; 15
(b) decline to make a regulation.'. 16
of s 8.11 (Determination of holding) 17
Omission
Clause 23. Section 8.11-- 18
omit. 19
of s 8.12 (Grant of water allocation to holding) 20
Replacement
Clause 24. Section 8.12-- 21
omit, insert-- 22
of water allocation 23
`Grant
`8.12(1) The chief executive may grant a nominal allocation for specified 24
land within an irrigation area on a basis decided by the chief executive. 25
`(2) The chief executive may amend or revoke a nominal allocation 26
s 25 25 s 26
Water Resources Amendment
granted for specified land within an irrigation area. 1
`(3) The chief executive may also, for specified land granted a nominal 2
allocation, decide an announced allocation. 3
`(4) The chief executive may amend or revoke an announced allocation.'. 4
of s 8.13 (Licence in respect of water allocation for 5
Amendment
holding 6
Clause 25.(1) Section 8.13, heading-- 7
omit, insert-- 8
`Licence for water allocation for land'. 9
(2) Section 8.13(1) and (2)-- 10
omit, insert-- 11
`8.13(1) If the chief executive grants a nominal allocation for specified 12
land under section 8.12, the chief executive must grant and issue a licence to 13
the owner of the land without application. 14
`(2) The licence must specify the particulars the chief executive decides, 15
including particulars of-- 16
(a) the land for which the licence is issued; and 17
(b) the nominal allocation granted for the land.'. 18
(3) Section 8.13(3)(a)-- 19
omit, insert-- 20
`(a) section 4.19(1)(a), (b)(vii) and (viii), (d) to (g), (2) and (3);'. 21
of s 8.15 (Power of chief executive with respect to 22
Replacement
nominal allocation upon subdivision of holding) 23
Clause 26. Section 8.15-- 24
omit, insert-- 25
executive's power if nominal allocation land is subdivided 26
`Chief
`8.15(1) This section applies if-- 27
s 27 26 s 27
Water Resources Amendment
(a) a nominal allocation has been decided for land that is subdivided 1
before the nominal allocation is granted; or 2
(b) land for which a nominal allocation has been granted is 3
subdivided after the grant. 4
`(2) The chief executive may-- 5
(a) with or without the construction of any further works of supply, 6
decide a nominal allocation for each part of the land subdivided; 7
and 8
(b) make and levy charges towards the costs of the supply of water to 9
each part of the land subdivided.'. 10
of s 9.1 (Constitution of area) 11
Amendment
Clause 27.(1) Section 9.1, heading-- 12
omit, insert-- 13
`Constitution of area and board'. 14
(2) Section 9.1(1), `order in council'-- 15
omit, insert-- 16
`regulation'. 17
(3) Section 9.1-- 18
insert-- 19
`(1A) A board constituted under this section-- 20
(a) is a body corporate with perpetual succession; and 21
(b) has a common seal; and 22
(c) may sue and be sued in its corporate name; and 23
(d) is an exempt public authority under the Corporations Law. 24
`(1B) A board has all the powers of an individual and may, for 25
example-- 26
(a) enter into contracts; and 27
(b) acquire, hold, deal with and dispose of property. 28
s 27 27 s 27
Water Resources Amendment
`(1C) Without limiting subsection (1B), a board has the powers given to 1
it under this Act. 2
`(1D) The chairperson of a board must have custody of the board's 3
common seal. 4
`(1E) The chairperson, or another person authorised by a board, may 5
affix the common seal. 6
`(1F) Judicial notice must be taken of the imprint of the common seal 7
appearing on a document and the document must be presumed to have been 8
properly sealed until the contrary is established.'. 9
(4) Section 9.1(2), words before paragraph (a)-- 10
omit, insert-- 11
`For a purpose specified in subsection (1), a regulation may--'. 12
(5) Section 9.1(2)(a) to (e), at the end of each paragraph-- 13
insert-- 14
`or'. 15
(6) Section 9.1(2)(f), `an order in council made under subsection (1)'-- 16
omit, insert-- 17
`a regulation made under this section'. 18
(7) Section 9.1-- 19
insert-- 20
`(3) To remove any doubt it is declared that-- 21
(a) 2 or more non-contiguous parcels of land may be constituted as a 22
single area; and 23
(b) a proposal effected by a regulation under this section may involve 24
acquiring or constructing works in or out of the area. 25
`(4) A regulation may be made under this section only to give effect to a 26
proposal recommended under section 9.3. 27
`(5) The regulation must specify the details of the proposal to which the 28
regulation gives effect.'. 29
s 28 28 s 28
Water Resources Amendment
of s 9.3 (Procedure prior to submission of proposals for 1
Amendment
making of order in council under s 9.1) 2
Clause 28.(1) Section 9.3, heading-- 3
omit, insert-- 4
`Procedure before making regulation'. 5
(2) Section 9.3(1)-- 6
omit, insert-- 7
`9.3(1) This section specifies the procedure for making a 8
recommendation about a proposal before a regulation may be made, under 9
section 9.1, to give effect to the proposal. 10
`(1A) The chief executive must publish a notice, in the Gazette and in a 11
newspaper circulating in the relevant locality, about the proposal.'. 12
(3) Section 9.3(2), words before paragraph (a)-- 13
omit, insert-- 14
`The notice must--'. 15
(4) Section 9.3(3) to (6)-- 16
omit, insert-- 17
`(3) The chief executive may-- 18
(a) carry out any investigation the chief executive considers necessary 19
into an objection given to the chief executive; and 20
(b) make a written recommendation to the Minister about the 21
regulation the Governor in Council may consider making under 22
section 9.1. 23
`(4) The recommendation may contain a proposal (the "modified 24
proposal") that is different to the proposal notified under subsection (1A) 25
(the "original proposal"). 26
`(5) However, before making a recommendation to the Minister that 27
contains a modified proposal, the chief executive must publish another 28
notification (the "later notification") specifying-- 29
(a) the differences between the original proposal and the modified 30
proposal; and 31
s 29 29 s 29
Water Resources Amendment
(b) the date and time, not earlier than 14 days after publication of the 1
later notification, by which objections to the modified proposal, 2
about the matters that are different, may be given to the chief 3
executive. 4
`(6) The chief executive may carry out any investigation the chief 5
executive considers necessary into an objection about the modified proposal 6
given to the chief executive.'. 7
of s 9.4 (Constitution) 8
Replacement
Clause 29. Section 9.4-- 9
omit, insert-- 10
of boards 11
`Membership
`9.4 A board may consist of-- 12
(a) a local government appointed under section 9.4B; or 13
(b) persons appointed under section 9.4B; or 14
(c) persons elected under section 9.4C; or 15
(d) persons appointed under section 9.4B and persons elected under 16
section 9.4C. 17
of office 18
`Term
`9.4A(1) A regulation may provide for the term of office of members of 19
a board, in any case of not more than 3 years. 20
`(2) The Governor in Council may specify the term of office of a 21
member appointed under section 9.4B. 22
`(3) The term of office specified in a member's appointment may be 23
different to the terms of the other members of the board. 24
25
Example--
26
A person appointed to fill a vacancy in a board may be appointed for a shorter
27
term of office than the other board members, so that the terms of all board members
28
end at the same time.
s 29 30 s 29
Water Resources Amendment
of board members 1
`Appointment
`9.4B(1) In this section-- 2
"elected persons", for a board, are persons elected under section 9.4C as 3
members of the board. 4
"suitable persons", for a board, are persons who the Governor in Council 5
considers are able to effectively perform the functions of members of 6
the board. 7
`(2) The Governor in Council may appoint as the member or members 8
of a board-- 9
(a) a local government; or 10
(b) suitable persons, whether or not other persons on the board are or 11
will be elected persons. 12
of board members 13
`Election
`9.4C(1) A regulation may provide that all, or some, of the members of 14
a board are to be elected. 15
`(2) A regulation may provide for the election and may, for example, 16
provide for the creation of electoral divisions within an area for the election 17
of members in the area. 18
`(3) The members of the board must be elected under the regulation. 19
qualified to be elected 20
`Persons
`9.4D(1) A person is qualified to be elected to a board of an area only if 21
the person-- 22
(a) is an owner, part owner or occupier of land in the area; or 23
(b) lives in the area. 24
`(2) For this section, if the person qualified to be elected is a body 25
corporate, an individual nominated by the body corporate is the person 26
qualified to be elected. 27
s 30 31 s 30
Water Resources Amendment
of boards 1
`Amalgamation
`9.4E(1) In this section-- 2
"new board" means a board that is constituted or has its jurisdiction 3
extended under subsection (2). 4
"old board" means a board dissolved under subsection (3). 5
`(2) If the Governor in Council amalgamates 2 or more areas into a 6
single area, the Governor in Council may-- 7
(a) constitute a new board for the amalgamated area; or 8
(b) extend the jurisdiction of a board in 1 of the areas to be 9
amalgamated to cover the amalgamated area. 10
`(3) Any board constituted for each of the areas being amalgamated 11
(other than a board that has its jurisdiction extended) is dissolved. 12
`(4) On the dissolution of an old board-- 13
(a) all its property and liabilities become the property and liabilities of 14
the new board; and 15
(b) the new board is substituted for the old board in all contracts to 16
which the old board is a party; and 17
(c) the new board is substituted as a party for the old board in all 18
pending and existing proceedings to which the old board is a 19
party.'. 20
of s 9.12 (General powers, authorities, functions and 21
Amendment
duties) 22
Clause 30.(1) Section 9.12(3)(a), `or land within its area and therein, thereon or 23
thereunder'-- 24
omit, insert-- 25
`, land within its area or other relevant land and'. 26
(2) Section 9.12(3)(b), `or land within its area'-- 27
omit, insert-- 28
`, land within its area or other relevant land'. 29
s 31 32 s 32
Water Resources Amendment
(3) Section 9.12(3)(d), `upon land within its area'-- 1
omit, insert-- 2
`land within its area or other relevant land'. 3
(4) Section 9.12-- 4
insert-- 5
`(7) In this section-- 6
"other relevant land", for a board, means land or a road outside its area-- 7
(a) on which it is authorised to construct works; or 8
(b) that it is necessary for the board to enter-- 9
(i) to construct the works it is authorised to construct; or 10
(ii) in connection with the construction.'. 11
of s 9.19 (Supply of water to local government or 12
Amendment
corporation) 13
Clause 31. Section 9.19(1), `Governor in Council first had and obtained'-- 14
omit, insert-- 15
`Minister'. 16
of s 9.22 (Interference with works of local government) 17
Amendment
Clause 32.(1) Section 9.22(3A), `Governor in Council'-- 18
omit, insert-- 19
`Minister'. 20
(2) Section 9.22(3A), `Governor in Council's determination'-- 21
omit, insert-- 22
`arbitrator's decision'. 23
s 33 33 s 35
Water Resources Amendment
of s 9.61 (Prohibition on voting by member having 1
Amendment
pecuniary interest) 2
Clause 33. Section 9.61(2), from `The Governor' to `exempt'-- 3
omit, insert-- 4
`If the Minister is satisfied that the business of a board cannot otherwise 5
be effectively carried on, the Minister may by written notice exempt'. 6
of s 10.13 (Water charges) 7
Amendment
Clause 34.(1) Section 10.13(2)(a) and (3)(b)(iii)(C), `Minister'-- 8
omit, insert-- 9
`chief executive'. 10
(2) Section 10.13(2)(b)-- 11
omit, insert-- 12
`(b) may be made and levied by giving written notice to the nominal 13
allocation's licensee;'. 14
(3) Section 10.13(2)(e)-- 15
omit, insert-- 16
`(e) is subject to interest at the rate prescribed under a regulation.'. 17
(4) Section 10.13(3)(b)(iii) and (6)(c), `determined in accordance with'-- 18
omit, insert-- 19
`prescribed under'. 20
of new s 10.17A 21
Insertion
Clause 35. After section 10.17-- 22
insert-- 23
may sell right to nominal allocation 24
`Person
`10.17A(1) In this section-- 25
"Part 4A entitlement" means an entitlement within the meaning of 26
Part 4A to be issued with a licence for a nominal allocation. 27
s 36 34 s 37
Water Resources Amendment
`(2) A person who-- 1
(a) purchases a Part 4A entitlement but who has not been issued with 2
a licence under the entitlement; or 3
(b) has been issued with a licence after purchasing a Part 4A 4
entitlement; 5
may sell all or some of the person's rights to a nominal allocation under the 6
licence to another person who was eligible under the relevant sale proposal 7
to purchase the Part 4A entitlement. 8
`(3) A regulation may provide for the sale by a person of the person's 9
right to a nominal allocation under a licence issued under Part 4 or 8. 10
`(4) The regulation may also provide for the conditions that are to apply 11
to the sale. 12
`(5) A sale under this section is subject to the issue of, or amendment of, 13
a licence or licences by the chief executive to give effect to the sale and to 14
conditions that the chief executive may impose on a licence issued or 15
amended.'. 16
of s 10.22 (Appeal to Minister) 17
Amendment
Clause 36. Section 10.22(1)(c) and (d)-- 18
omit, insert-- 19
`(c) a decision under section 8.12(1) or (2);'. 20
of Land Act 1994 21
Amendment
Clause 37.(1) This section amends the Land Act 1994. 22
(2) Schedule 5, amendment 2 of the Water Resources Act 1989, `the 23
publication of an order in council'-- 24
omit, insert-- 25
`a regulation is made'. 26
(3) Schedule 5, amendment 2 of the Water Resources Act 1989, `the 27
order'-- 28
s 37 35 s 37
Water Resources Amendment
omit, insert-- 1
`the regulation'. 2
3
36
Water Resources Amendment
CHEDULE 1
¡S
INOR AMENDMENTS 2
M
section 3 of the Act 3
1. Section 1.4(1), definition "holding"-- 4
omit. 5
2. Section 1.4(1), definition "lake"-- 6
omit, insert-- 7
` "lake" includes-- 8
(a) a lagoon, swamp, marsh or other natural collection of water, 9
whether permanent or intermittent; and 10
(b) in a provision about the exercise of the right to the use, flow and 11
control of water or the control of quarry material-- 12
(i) the bed and banks; and 13
(ii) the elements that confine or contain the water.'. 14
3. Section 1.4(1), definition "subdivision", `Local Government Act 15
1936'-- 16
omit, insert-- 17
`Local Government (Planning and Environment) Act 1990'. 18
4. Section 2.2(a), `Queensland Railways, the Brisbane City Council or 19
a local government or by'-- 20
omit. 21
37
Water Resources Amendment
SCHEDULE (continued)
5. Part 3, Division 1, before section 3.8-- 1
insert-- 2
`Delegation by Minister 3
`3.1 The Minister may delegate to an officer or employee of the public 4
service the Minister's powers under this Act.'. 5
6. Section 3.10-- 6
omit. 7
7. Section 3.11(3)(f), `Clean Waters Act 1971'-- 8
omit, insert-- 9
`Environmental Protection Act 1994'. 10
8. Section 3.17(1)(b), `Land Act 1962 or the Irrigation Areas (Land 11
Settlement) Act 1962'-- 12
omit, insert-- 13
`Land Act 1994'. 14
9. Section 3.17(5), `, subject to and in accordance with the Land Act 15
1962 or, as the case may be, the Irrigation Areas (Land Settlement) Act 16
1962'-- 17
omit, insert-- 18
`the Land Act 1994'. 19
10. Section 3.26(1), `The Governor in Council, by order in council,'-- 20
omit, insert-- 21
`The Minister'. 22
38
Water Resources Amendment
SCHEDULE (continued)
11. Section 3.26(2)(b) and (3)(a)(ii), `in the order in council'-- 1
omit, insert-- 2
`by the Minister when'. 3
12. Section 3.27, `Governor in Council'-- 4
omit, insert-- 5
`Minister'. 6
13. Section 4.1, `order in council'-- 7
omit, insert-- 8
`regulation'. 9
14. Section 4.1, `that order'-- 10
omit, insert-- 11
`the regulation'. 12
15. Section 4.6-- 13
omit, insert-- 14
`Operation of Act about subartesian bores 15
`4.6 The provisions of this Act about subartesian bores only apply to 16
localities declared under a regulation.'. 17
16. Section 4.7(1), `Except where the Governor in Council by order in 18
council'-- 19
omit, insert-- 20
`Unless a regulation'. 21
39
Water Resources Amendment
SCHEDULE (continued)
17. Section 4.7(1), `declared by order in council'-- 1
omit, insert-- 2
`declared by regulation'. 3
18. Section 4.7(2), `an order in council'-- 4
omit, insert-- 5
`a regulation'. 6
19. Section 4.13(1)(h), `an order in council'-- 7
omit, insert-- 8
`a regulation'. 9
20. Section 4.39(1)(a), `in the Gazette and'-- 10
omit. 11
21. Section 4.39(1), `order in council'-- 12
omit, insert-- 13
`regulation'. 14
22. Section 6.6-- 15
omit, insert-- 16
`Approval of agreement 17
`6.6(1) An agreement under this Part has effect only if it is approved by 18
regulation. 19
`(2) A regulation approving an agreement must-- 20
(a) include a copy of the agreement; or 21
40
Water Resources Amendment
SCHEDULE (continued)
(b) provide for the agreement to be made available for inspection at a 1
specified place by anyone, free of charge, during office hours.'. 2
23. Section 6.7, heading, `approval of Governor in Council'-- 3
omit, insert-- 4
`agreement'. 5
24. Section 6.7(1)-- 6
omit. 7
25. Section 6.7(2), `subsection'-- 8
omit, insert-- 9
`section'. 10
26. Section 6.8(1), `the publication in the Gazette of an order in 11
council'-- 12
omit, insert-- 13
`a regulation is made'. 14
27. Section 6.8(1), `that order'-- 15
omit, insert-- 16
`the regulation'. 17
28. Section 6.8(2) and (3)(b)(ii), `order in council'-- 18
omit, insert-- 19
`regulation'. 20
41
Water Resources Amendment
SCHEDULE (continued)
29. Section 8.1, `by the Governor in Council by order in council'-- 1
omit, insert-- 2
`under a regulation'. 3
30. Section 8.6, `The Governor in Council, by order in council,'-- 4
omit, insert-- 5
`A regulation'. 6
31. Section 8.8(1), `approval of the Governor in Council first had and 7
obtained (in respect whereof the Governor in Council is hereby 8
empowered)'-- 9
omit, insert-- 10
`prior approval of the Governor in Council'. 11
32. Section 8.8(1), `Regulation of Sugar Cane Prices Act 1962'-- 12
omit, insert-- 13
`Sugar Industry Act 1991'. 14
33. Section 8.10(1), `that comprises a holding'-- 15
omit, insert-- 16
`for which a nominal allocation has been granted'. 17
34. Section 8.10(5A), `a holding to'-- 18
omit, insert-- 19
`land for'. 20
42
Water Resources Amendment
SCHEDULE (continued)
35. Section 8.10(5A), `the holding'-- 1
omit, insert-- 2
`the land'. 3
36. Section 8.10(7), `Local Government Act 1936'-- 4
omit, insert-- 5
`Local Government (Planning and Environment) Act 1990'. 6
37. Section 8.14(1)-- 7
omit, insert-- 8
`8.14(1) Subject to section 10.16, the owner of land for which a nominal 9
allocation has been granted may surrender the nominal allocation, or a part 10
of the nominal allocation, by giving written notice to the chief executive.'. 11
38. Section 9.5, `The Governor in Council, by order in council'-- 12
omit, insert-- 13
`A regulation'. 14
39. Section 9.11(1) and (2), `by order in council'-- 15
omit. 16
40. Section 9.12(2), `order in council'-- 17
omit, insert-- 18
`regulation'. 19
43
Water Resources Amendment
SCHEDULE (continued)
41. Section 9.23(4), `by order in council'-- 1
omit, insert-- 2
`under a regulation'. 3
42. Section 9.40(1)(aa), `authorities'-- 4
omit, insert-- 5
`governments'. 6
43. Section 9.42(1), from `in a case' to `empowered)'-- 7
omit, insert-- 8
`if it is authorised to do so under a regulation,'. 9
44. Section 9.42(2)(b), `Regulation of Sugar Cane Prices Act 1962'-- 10
omit, insert-- 11
`Sugar Industry Act 1991'. 12
45. Section 9.42(6), `determined by the Governor in Council by the 13
order in council'-- 14
omit, insert-- 15
`specified in the regulation'. 16
46. Section 9.50(1)(e)-- 17
omit, insert-- 18
`(e) land declared to be exempted under a regulation.'. 19
44
Water Resources Amendment
SCHEDULE (continued)
47. Section 9.53, heading, `holding'-- 1
omit, insert-- 2
`lease'. 3
48. Section 9.53(1), `that holding'-- 4
omit, insert-- 5
`the lease'. 6
49. Section 9.53(2), `or holder'-- 7
omit. 8
50. Section 9.57(1), `Governor in Council'-- 9
omit, insert-- 10
`Minister'. 11
51. Section 9.58(2), `Governor in Council'-- 12
omit, insert-- 13
`Minister'. 14
52. Section 9.62, `for the time being declared by the order in council 15
constituting the board'-- 16
omit. 17
53. Section 9.75(3C), from `approve the agreement'-- 18
omit, insert-- 19
`by regulation approve the agreement and incorporate a copy of the 20
agreement in the regulation.'. 21
45
Water Resources Amendment
SCHEDULE (continued)
54. Section 9.76, heading, `Governor in Council may appoint'-- 1
omit, insert-- 2
`Appointment of'. 3
55. Section 9.76, `the Governor in Council by order in council'-- 4
omit, insert-- 5
`a regulation'. 6
56. Section 9.76, `the order in council'-- 7
omit, insert-- 8
`the regulation'. 9
57. Section 9.79(1)(a), `order in council'-- 10
omit, insert-- 11
`regulation'. 12
58. Section 9.82(2)-- 13
omit, insert-- 14
`(2) A board must not fix a fee for a purpose that is more than a 15
maximum amount that may be prescribed under a regulation for the 16
purpose.'. 17
59. Section 10.1-- 18
omit. 19
46
Water Resources Amendment
SCHEDULE (continued)
60. Section 10.14(2)(c), `Minister'-- 1
omit, insert-- 2
`chief executive'. 3
61. Section 10.14(2)(d), `1 month'-- 4
omit, insert-- 5
`30 days'. 6
62. Section 10.16(1), `a holding or other'-- 7
omit. 8
63. Section 10.16(1), `holding or other'-- 9
omit. 10
64. Section 10.16(2)-- 11
omit, insert-- 12
`(2) Despite subsection (1), the chief executive may make and levy a 13
charge on the owner of land, other than land for which a nominal allocation 14
has been granted, only if the Governor in Council has declared the 15
headworks that supply water to, or otherwise benefit, the land to be subject 16
to this section.'. 17
65. Section 10.17(1), `a holding or other'-- 18
omit. 19
66. Section 10.17(1), `another holding or another piece or parcel of'-- 20
omit, insert-- 21
`other'. 22
47
Water Resources Amendment
SCHEDULE (continued)
67. Section 10.17(2), `a holding or other'-- 1
omit. 2
68. Section 10.17(2)(b) and (5)(a), `holding or'-- 3
omit. 4
69. Section 10.17(6), `of the holdings or other land in question'-- 5
omit. 6
70. Section 10.17(8), `holding or other'-- 7
omit. 8
71. Section 10.18(4B), after `conferred'-- 9
insert-- 10
`on'. 11
72. Section 10.21(1)(e)-- 12
omit, insert-- 13
`(e) the chief executive of the department administering the Land Act 14
1994 or a person authorised by that chief executive.'. 15
73. Section 10.21(5)-- 16
omit, insert-- 17
`(5) After considering the recommendations, the Minister may approve 18
the proposed diversion or reclamation.'. 19
48
Water Resources Amendment
SCHEDULE (continued)
74. Section 10.21(6), words before paragraph (a)-- 1
omit, insert-- 2
`If the Minister approves the proposed diversion or reclamation, the 3
Minister may authorise--'. 4
75. Section 10.21(6), `subsequent order in council'-- 5
omit, insert-- 6
`subsequent authorisation'. 7
76. Section 10.21(6), `Governor in council considers'-- 8
omit, insert-- 9
`Minister considers'. 10
77. Section 10.21(7), `by an order in council'-- 11
omit. 12
78. Section 10.22(4), `the constitution of the holding in question 13
and'-- 14
omit. 15
79. Section 10.30(1), `section 121 of the Real Property Act 1861'-- 16
omit, insert-- 17
`section 35 of the Land Title Act 1994'. 18
80. Section 10.36-- 19
omit. 20
49
Water Resources Amendment
SCHEDULE (continued)
81. After section 10.37-- 1
insert-- 2
`Transitional provision about the Lower Balonne Advisory Committee 3
`10.38(1) The Water Resources (Lower Balonne Advisory Committee) 4
Regulation 1992 (the "repealed regulation") is repealed. 5
`(2) The Lower Balonne Advisory Committee is taken to have been 6
established by the Minister under section 3.26.9 7
`(3) Anything stated in the repealed regulation is taken to have been 8
decided by the Minister under section 3.2810 and, for that purpose, section 5 9
of the repealed regulation is taken to provide that each member is to be 10
appointed by the Minister. 11
`Transitional provision on repeal of s 10.1 12
`10.39(1) Despite the repeal of section 10.1 by the Water Resources 13
Amendment Act 1995, the section continues to apply to an instrument made 14
under this Act, before the repeal, as if the section had not been repealed. 15
`(2) Subsection (1) applies to an instrument for so long as the instrument 16
remains in force, even if it is amended. 17
`Numbering and renumbering of Act 18
`10.40 In the next reprint of this Act produced under the Reprints Act 19
1992, the provisions of this Act must be numbered and renumbered as 20
permitted by the Reprints Act 1992, section 43.'. 21
82. Schedule 2, item 14, `holdings'-- 22
omit, insert-- 23
`land for which a nominal allocation has been granted'. 24
9 Section 3.26 (Establishment and functions)
10 Section 3.28 (Further matters about the operation of a council or committee)
50
Water Resources Amendment
© State of Queensland 1995
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