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Queensland
Wild Rivers and Other
Legislation Amendment Bill
2006
Queensland
Wild Rivers and Other Legislation
Amendment Bill 2006
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Amendment of Wild Rivers Act 2005
2 Act amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Insertion of new pt 1, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Relocation and renumbering of s 3 . . . . . . . . . . . . . . . . . . . . . . . 8
5 Omission of s 4 (Notes in text) . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6 Renumbering of ss 16A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7 Insertion of new pt 1, div 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8 Insertion of new s 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Meaning of nominated waterway . . . . . . . . . . . . . . . . 9
9 Amendment of s 10 (Application of moratorium) . . . . . . . . . . . . . 10
10 Amendment of s 12 (Content of declaration proposal) . . . . . . . . . 10
11 Amendment of s 14 (Content of wild river declaration). . . . . . . . . 11
12 Amendment of s 17 (Effect of declaration on activities and taking
natural resources) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
13 Insertion of new s 17A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
17A Code for IDAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
14 Amendment of s 31 (Minor amendments of wild river declaration) 12
15 Amendment of s 41 (Classification of wild river area into high
preservation area and preservation area) . . . . . . . . . . . . . . . . . . 13
16 Amendment of s 42 (Effect of classification on particular
development applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
17 Amendment of s 43 (Effect of declaration on particular
development applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
18 Amendment of s 48 (Meaning of specified works) . . . . . . . . . . . . 14
19 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 14
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Wild Rivers and Other Legislation Amendment Bill
2006
Part 3 Amendment of Building Act 1975
20 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
21 Insertion of new s 68A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
68A Statement of reasons for approving alternative
solution ............................... 17
22 Amendment of s 95 (Reminder notice requirement for lapsing) . . 17
23 Amendment of s 228 (Random inspection of buildings for
which development approval is given) . . . . . . . . . . . . . . . . . . . . . 18
24 Amendment of s 231 (Owner's fire safety record-keeping
obligation) ..................................... 18
25 Amendment of s 246 (Apportionment of cost of constructing
dividing fence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
26 Amendment of s 256 (Prosecution of offences) . . . . . . . . . . . . . . 18
27 Insertion of new s 283 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
283 Existing rainwater tank provisions in planning
schemes ............................. 19
28 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 19
Part 4 Amendment of Coastal Protection and Management Act
1995
29 Act amended in pt 4 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 20
30 Amendment of s 90 (Preparation of plans). . . . . . . . . . . . . . . . . . 20
31 Amendment of s 93 (Approving or refusing to approve plans) . . . 20
32 Amendment of s 96 (Renewing approvals) . . . . . . . . . . . . . . . . . 20
Part 5 Amendment of Environmental Protection Act 1994
33 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
34 Amendment of s 41 (Submission) . . . . . . . . . . . . . . . . . . . . . . . . 21
35 Amendment of s 73AA (Development applications in relation
to wild river areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
36 Amendment of s 151 (What is a level 1 mining project and a
level 2 mining project). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
37 Amendment of s 162 (Decision about EIS requirement) . . . . . . . 25
38 Amendment of s 163 (Minister's power to overturn decision
about EIS requirement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
39 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 25
Part 6 Amendment of Forestry Act 1959
40 Act amended in pt 6 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 26
41 Amendment of s 33A (Management in a wild river area) . . . . . . . 26
42 Amendment of s 44A (Code of practice for getting forest
products in wild river areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
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Wild Rivers and Other Legislation Amendment Bill
2006
43 Amendment of s 44B (Getting forest products in wild river areas) 27
Part 7 Amendment of Integrated Planning Act 1997
44 Act amended in pt 7 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 28
45 Amendment of sch 8 (Assessable development and
self-assessable development) . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Part 8 Amendment of Mineral Resources Act 1989
46 Act amended in pt 8 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 29
47 Amendment of s 25 (Conditions of prospecting permit) . . . . . . . . 29
48 Amendment of s 81 (Conditions of mining claim) . . . . . . . . . . . . . 29
49 Amendment of s 141 (Conditions of exploration permit) . . . . . . . 29
50 Amendment of s 194 (Conditions of mineral development licence) 30
51 Amendment of s 276 (General conditions of mining lease) . . . . . 30
52 Amendment of s 382 (Definitions for pt 10A) . . . . . . . . . . . . . . . . 30
53 Replacement of ss 383 and 384. . . . . . . . . . . . . . . . . . . . . . . . . . 31
383 Grant of mining tenements in wild river areas . . . . . . 31
384 Renewal of mining tenements in wild river areas . . . . 32
Part 9 Amendment of Valuation of Land Act 1944
54 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
55 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 34
56 Amendment of s 28 (Alteration of valuation in force or to come
into force) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
57 Amendment of s 41A (Notice to owners about valuations). . . . . . 35
58 Amendment of s 42 (Owner may object) . . . . . . . . . . . . . . . . . . . 35
59 Amendment of s 43C (Effect on objection of change in valuation) 35
60 Amendment of s 44 (Late objection) . . . . . . . . . . . . . . . . . . . . . . 35
61 Amendment of s 46 (Right of new owner to carry on objection
or appeal) ..................................... 36
62 Amendment of s 52 (Objections to valuation). . . . . . . . . . . . . . . . 36
63 Amendment of s 52A (Late objections to valuation) . . . . . . . . . . . 36
64 Amendment of s 54 (Notice to objector) . . . . . . . . . . . . . . . . . . . . 36
Part 10 Amendment of Vegetation Management Act 1999
65 Act amended in pt 10 and schedule . . . . . . . . . . . . . . . . . . . . . . . 37
66 Amendment of s 22A (Particular vegetation clearing
applications may be assessed) . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Part 11 Amendment of Water Act 2000
Division 1 Preliminary
67 Act amended in pt 11 and schedule . . . . . . . . . . . . . . . . . . . . . . . 38
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Wild Rivers and Other Legislation Amendment Bill
2006
Division 2 Amendments for Wild Rivers Act 2005
68 Amendment of s 209 (Applications that may be decided
without public notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
69 Amendment of s 210 (Criteria for deciding application for
water licence) .................................. 38
70 Amendment of s 266 (Applying for permit to destroy vegetation,
excavate or place fill in a watercourse, lake or spring) . . . . . . . . . 39
71 Amendment of s 268 (Criteria for deciding application for a
permit to destroy vegetation, excavate or place fill in a
watercourse, lake or spring) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
72 Amendment of s 280 (Applying for allocation of quarry material). 39
73 Amendment of s 282 (Criteria for deciding application for
allocation of quarry material) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
74 Amendment of s 966C (Applications in relation to removal of
quarry material in wild river areas) . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 3 Amendments about the commission and other matters
75 Amendment of s 223 (Transferring water licence to other land) . . 41
223 Other transfer of water licence . . . . . . . . . . . . . . . . . . 41
76 Amendment of s 360W (Content of plan) . . . . . . . . . . . . . . . . . . . 42
77 Insertion of new ch 2A, pt 5, div 3 . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 3 Water efficiency management plans
360ZCA Purpose and application of division . . . . . . . . . . . . . . 42
360ZCB When water efficiency management plan may be
required ............................. 43
360ZCC Content of water efficiency management plan . . . . . . 44
360ZCD Approving water efficiency management plan . . . . . . 44
360ZCE Complying with water efficiency management plan . . 45
360ZCF Reporting under water efficiency management plan . 46
360ZCG Amending or replacing water efficiency management
plan by commission direction . . . . . . . . . . . . . . . . . . . 46
360ZCH Amending or replacing water efficiency management
plan by water service provider direction . . . . . . . . . . . 47
360ZCI Amending or replacing water efficiency management
plan by request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
360ZCJ Notice to comply with water efficiency management
plan ................................. 48
360ZCK Reviewing water efficiency management plans . . . . . 49
78 Amendment of s 360ZD (Restricting water supply) . . . . . . . . . . . 49
79 Amendment of s 360ZE (Notice of commission water restriction
must be given) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
5
Wild Rivers and Other Legislation Amendment Bill
2006
80 Amendment of s 388 (Restricting water supply). . . . . . . . . . . . . . 50
81 Amendment of s 389 (Notice of service provider water restriction
must be given) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
82 Insertion of new ch 3, pt 2, div 7. . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 7 Water efficiency management plans
399 Purpose and application of division . . . . . . . . . . . . . . 51
400 When water efficiency management plan may be
required ............................. 51
401 Content of water efficiency management plan . . . . . . 52
402 Approving water efficiency management plan . . . . . . 53
403 Complying with water efficiency management plan . . 54
404 Reporting under water efficiency management plan . 54
405 Amending or replacing water efficiency management
plan by chief executive direction. . . . . . . . . . . . . . . . . 55
406 Amending or replacing water efficiency management
plan by water service provider direction . . . . . . . . . . . 56
407 Amending or replacing water efficiency management
plan by request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
407A Notice to comply with water efficiency management
plan ................................. 57
407B Reviewing water efficiency management plans . . . . . 57
83 Insertion of new ch 9, pt 5, div 7. . . . . . . . . . . . . . . . . . . . . . . . . . 57
Division 7 Transitional provisions for Wild Rivers and
Other Legislation Amendment Bill 2006
1144 Plans taken to be water efficiency management plans 58
1145 Validation of commission water restrictions . . . . . . . . 58
1146 Validation of service provider water restrictions . . . . . 59
84 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 59
Part 12 Other amendments of Acts
85 Amendments in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Schedule Consequential and minor amendments . . . . . . . . . . . . . . . . . 62
Coastal Protection and Management Act 1995 . . . . . . . . . . . . . . 62
Fisheries Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Forestry Act 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Fossicking Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Integrated Planning Act 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Land Protection (Pest and Stock Route Management) Act 2002 . 67
Local Government Act 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
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Wild Rivers and Other Legislation Amendment Bill
2006
Mineral Resources Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Nature Conservation Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
State Development and Public Works Organisation Act 1971 . . . 69
Vegetation Management Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . 69
Water Act 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Wild Rivers Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
2006
A Bill
for
An Act to amend the Wild Rivers Act 2005, and for other
purposes
s1 8 s5
Wild Rivers and Other Legislation Amendment Bill
2006
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Wild Rivers and Other 4
Legislation Amendment Act 2006. 5
Part 2 Amendment of Wild Rivers Act 6
2005 7
Clause 2 Act amended in pt 2 and schedule 8
This part and the schedule amend the Wild Rivers Act 2005. 9
Clause 3 Insertion of new pt 1, div 1, hdg 10
Before section 1-- 11
insert-- 12
`Division 1 Introduction and purpose of Act'. 13
Clause 4 Relocation and renumbering of s 3 14
Section 3-- 15
renumber and relocate, in part 1, as section 6A. 16
Clause 5 Omission of s 4 (Notes in text) 17
Section 4-- 18
omit. 19
s6 9 s8
Wild Rivers and Other Legislation Amendment Bill
2006
Clause 6 Renumbering of ss 16A 1
Sections 1 to 6A-- 2
renumber as sections 1 to 5. 3
Clause 7 Insertion of new pt 1, div 2, hdg 4
After section 4, as renumbered-- 5
insert-- 6
`Division 2 Interpretation'. 7
Clause 8 Insertion of new s 6 8
Part 1, division 2-- 9
insert-- 10
`6 Meaning of nominated waterway 11
`(1) A nominated waterway, for a wild river declaration, is the part 12
of a drainage channel in the preservation area that-- 13
(a) is between the upstream and downstream limits, 14
described in the wild river declaration, of the drainage 15
channel; and 16
(b) extends laterally to the outer banks of the drainage 17
channel. 18
`(2) In this section-- 19
depositional feature means a deposit of clay, sand or silt that 20
is carried in suspension during high flows and deposited in 21
areas where there is a slow flow of water. 22
23
Examples--
24
· mud deposited in cracks in rocks
25
· sand deposits behind rocks
drainage channel means a passageway or depression that can 26
contain flowing water, whether flowing continuously or 27
periodically. 28
floodplain means an area of relatively flat land-- 29
(a) next to a drainage channel; and 30
s9 10 s 10
Wild Rivers and Other Legislation Amendment Bill
2006
(b) covered by water when water overflows from the 1
drainage channel. 2
outer bank, of a drainage channel, means-- 3
(a) if there is a floodplain next to the drainage channel--the 4
place where the top of the bank of the drainage channel 5
meets the floodplain; or 6
(b) if there is not a floodplain next to the drainage 7
channel--the place on the bank of the drainage channel 8
marked by a scour mark or depositional feature. 9
scour mark means-- 10
(a) a mark made on a bank of a drainage channel by the 11
sweeping action of suspended sediments in water during 12
high flows; or 13
(b) a mark that can be identified by weathering stains, or the 14
absence of lichens, on erosion-resistant surfaces of a 15
bank of a drainage channel. 16
17
Example of an erosion-resistant surface--
18
rock'.
Clause 9 Amendment of s 10 (Application of moratorium) 19
Section 10(2)(a), after `spring,'-- 20
insert-- 21
`or interfering with the flow of water,'. 22
Clause 10 Amendment of s 12 (Content of declaration proposal) 23
(1) Section 12(1)-- 24
insert-- 25
`(ga) the location of any proposed nominated waterway in the 26
wild river area; 27
(gb) the location of any designated urban area;'. 28
(2) Section 12(1)(n), `and codes'-- 29
s 11 11 s 12
Wild Rivers and Other Legislation Amendment Bill
2006
omit, insert-- 1
`and a reference to any codes'. 2
(3) Section 12(1)(ga) to (r)-- 3
renumber as section 12(1)(h) to (t). 4
Clause 11 Amendment of s 14 (Content of wild river declaration) 5
(1) Section 14(1)-- 6
insert-- 7
`(ea) the location of any designated urban area;'. 8
(2) Section 14(1)-- 9
insert-- 10
`(fa) the location of any nominated waterway;'. 11
(3) Section 14(1)-- 12
insert-- 13
`(ka) information about water available for future 14
consumptive purposes and the priorities for use or 15
reservation of the water;'. 16
(4) Section 14(1)(l), `and codes'-- 17
omit, insert-- 18
`and a reference to any codes'. 19
(5) Section 14(1)(m), `paragraphs (b) to (f)'-- 20
omit, insert-- 21
`paragraphs (b) to (h)'. 22
(6) Section 14(1)(ea) to (m)-- 23
renumber as section 14(1)(f) to (p). 24
Clause 12 Amendment of s 17 (Effect of declaration on activities 25
and taking natural resources) 26
Section 17(1)-- 27
insert-- 28
s 13 12 s 14
Wild Rivers and Other Legislation Amendment Bill
2006
`(c) carrying out an agricultural activity or animal husbandry 1
activity in the area.'. 2
Clause 13 Insertion of new s 17A 3
After section 17-- 4
insert-- 5
`17A Code for IDAS 6
`If a wild river declaration includes a reference to a code for 7
IDAS, the code is a code for IDAS.'. 8
Clause 14 Amendment of s 31 (Minor amendments of wild river 9
declaration) 10
(1) Section 31-- 11
insert-- 12
`(c) make a minor change to the existing boundary of any of 13
the following areas in the wild river area-- 14
(i) the high preservation area; 15
(ii) the preservation area; 16
(iii) a floodplain management area; 17
(iv) a subartesian management area; 18
(v) a designated urban area; or 19
20
Example of a minor change--
21
the boundary of the high preservation area after the amendment
22
of the declaration is within 100m of the boundary of the area
23
before the amendment
(d) make a minor change to the extent of a nominated 24
waterway in the wild river area; or 25
(e) change a reference in the declaration to a code for 26
carrying out activities or taking natural resources in the 27
wild river area.'. 28
(2) Section 31-- 29
insert-- 30
s 15 13 s 16
Wild Rivers and Other Legislation Amendment Bill
2006
`(2) However, for subsection (1)(c) and (d), the Minister must, 1
before declaring an amendment of the wild river declaration 2
or deciding not to proceed with declaration of the amendment, 3
consult with each owner of land, and each holder of an 4
exploration permit or mining claim, in the wild river area 5
whose land or interests may be affected by the proposed 6
amendment. 7
`(3) In this section-- 8
exploration permit see the Mineral Resources Act 1989, 9
schedule. 10
mining claim see the Mineral Resources Act 1989, schedule. 11
owner, of land, see the Water Act 2000, schedule 4.'. 12
Clause 15 Amendment of s 41 (Classification of wild river area into 13
high preservation area and preservation area) 14
Section 41(3), `or a subartesian management area'-- 15
omit, insert-- 16
`, a subartesian management area or a designated urban area'. 17
Clause 16 Amendment of s 42 (Effect of classification on particular 18
development applications) 19
(1) Section 42(2), from `development'-- 20
omit, insert-- 21
`-- 22
(a) development in the high preservation area in a wild river 23
area; or 24
(b) development in the preservation area of a wild river area 25
in relation to the production of a high risk species.'. 26
(2) Section 42(5)-- 27
omit, insert-- 28
`(5) For the application, the assessment manager's and any 29
concurrence agency's decision must comply with the 30
s 17 14 s 19
Wild Rivers and Other Legislation Amendment Bill
2006
applicable code mentioned in the wild river declaration for the 1
area.'. 2
Clause 17 Amendment of s 43 (Effect of declaration on particular 3
development applications) 4
(1) Section 43(1)(b)(ii), `urban'-- 5
omit, insert-- 6
`residential'. 7
(2) Section 43(2)-- 8
omit, insert-- 9
`(2) For the application, the assessment manager's decision must 10
comply with the applicable code mentioned in the wild river 11
declaration for the area. 12
`(3) This section does not apply to residential, commercial or 13
industrial development in a designated urban area.'. 14
Clause 18 Amendment of s 48 (Meaning of specified works) 15
(1) Section 48(2)(c)(iii) to (vii)-- 16
renumber as section 48(2)(c)(v) to (ix). 17
(2) Section 48(2)(c)-- 18
insert-- 19
`(iii) jetties and boat ramps for use by the public; 20
(iv) works for the rehabilitation of land, including, for 21
example, rehabilitation of abandoned mines;'. 22
Clause 19 Amendment of sch 2 (Dictionary) 23
(1) Schedule 2-- 24
insert-- 25
`designated urban area means an area described in a wild 26
river declaration as a designated urban area. 27
s 19 15 s 19
Wild Rivers and Other Legislation Amendment Bill
2006
high risk species, for a wild river area, means a pasture or 1
grain species for the area, prescribed under a regulation, that 2
has a high risk of becoming a pest. 3
low impact soil disturbance, for a pasture, means a method 4
that does not disturb-- 5
(a) soil in the pasture to a depth greater than 5cm; and 6
(b) more than 40% of the area of the pasture being 7
improved. 8
moderate risk species, for a wild river area, means a pasture 9
or grain species for the area, prescribed under a regulation, 10
that has a moderate risk of becoming a pest. 11
nominated waterway see section 6.'. 12
(2) Schedule 2, definition agricultural activities, item 2, 13
paragraph (a)-- 14
omit, insert-- 15
`(a) producing agricultural products for the domestic 16
needs of the occupants of the land if the maximum 17
area of the land on which the products are 18
produced is the following-- 19
(i) for fewer than 10 occupants of the 20
land--0.25ha; 21
(ii) for 10 or more but fewer than 50 occupants 22
of the land--2ha; 23
(iii) for 50 or more but fewer than 100 occupants 24
of the land--4ha; 25
(iv) for 100 or more occupants of the land--6ha; 26
or'. 27
(3) Schedule 2, definition agricultural activities, item 2, 28
paragraph (d)-- 29
omit, insert-- 30
`(d) planting, gathering or harvesting a crop of pasture 31
or grain species if the pasture or grain species is-- 32
(i) only for animal feed; and 33
s 19 16 s 19
Wild Rivers and Other Legislation Amendment Bill
2006
(ii) neither a high risk species nor a moderate 1
risk species for the wild river preservation 2
area; or 3
(e) improving pasture using low impact soil 4
disturbance if the pasture species is neither a high 5
risk species nor a moderate risk species for the 6
wild river area; or 7
(f) forestry activities.'. 8
(4) Schedule 2, definition animal husbandry activities, item 2, 9
paragraphs (d) and (e)-- 10
omit, insert-- 11
`(d) giving livestock supplementary feed, including, for 12
example, by using roller drums, blocks, licks or 13
protein meals-- 14
(i) to maintain the livestock's survival; or 15
(ii) to improve the livestock's fertility; or 16
(iii) for an activity associated with an activity 17
mentioned in item 1; or 18
19
Example--
20
weaning
(iv) if the livestock is predominantly reliant on 21
native or improved pasture for feed--to 22
prepare the livestock for sale; or 23
(e) aquaculture; or 24
(f) environmentally relevant activities.'. 25
(5) Schedule 2-- 26
renumber as schedule. 27
s 20 17 s 22
Wild Rivers and Other Legislation Amendment Bill
2006
Part 3 Amendment of Building Act 1
1975 2
Clause 20 Act amended in pt 3 3
This part amends the Building Act 1975. 4
Clause 21 Insertion of new s 68A 5
Chapter 4, part 4-- 6
insert-- 7
`68A Statement of reasons for approving alternative 8
solution 9
`(1) This section applies if-- 10
(a) an alternative solution is used in the supporting 11
documents for a building development application; and 12
(b) the assessment manager decides to approve the 13
application on the basis of the alternative solution. 14
`(2) The assessment manager must prepare a written statement of 15
reasons for the decision. 16
`(3) The statement must contain details of-- 17
(a) how the alternative solution is different from the 18
relevant deemed-to-satisfy provisions under the BCA or 19
acceptable solutions under the QDC; and 20
(b) inspection or test results and other documents or 21
information relied on to make the decision.'. 22
Clause 22 Amendment of s 95 (Reminder notice requirement for 23
lapsing) 24
Section 95(3)(b)(iv), `under subsection (4)'-- 25
omit, insert-- 26
`under section 96'. 27
s 23 18 s 27
Wild Rivers and Other Legislation Amendment Bill
2006
Clause 23 Amendment of s 228 (Random inspection of buildings for 1
which development approval is given) 2
Section 228(1)(b), `, within the meaning of the BCA,'-- 3
omit, insert-- 4
`for performance requirements under the BCA'. 5
Clause 24 Amendment of s 231 (Owner's fire safety record-keeping 6
obligation) 7
Section 231(2)(a), `, within the meaning of the BCA'-- 8
omit, insert-- 9
`for performance requirements under the BCA'. 10
Clause 25 Amendment of s 246 (Apportionment of cost of 11
constructing dividing fence) 12
Section 246(3), `mentioned in section 13(1)'-- 13
omit, insert-- 14
`about the construction of fencing around swimming pools'. 15
Clause 26 Amendment of s 256 (Prosecution of offences) 16
(1) Section 256(4)(a), `part 5 or 5A'-- 17
omit, insert-- 18
`chapter 6'. 19
(2) Section 256(4)(b), `the Standard Building Regulation'-- 20
omit, insert-- 21
`a regulation'. 22
Clause 27 Insertion of new s 283 23
After section 282-- 24
insert-- 25
s 28 19 s 28
Wild Rivers and Other Legislation Amendment Bill
2006
`283 Existing rainwater tank provisions in planning 1
schemes 2
`(1) This section applies to a rainwater tank provision in force 3
immediately before 1 September 2006. 4
`(2) The provision is taken to be a building assessment provision 5
and to have been a building assessment provision since 1 6
September 2006. 7
`(3) The provision continues in force, unless it is earlier repealed, 8
until the earlier of the following-- 9
(a) the day the relevant local government makes a 10
designation under the Building Regulation 2006, section 11
7; 12
(b) one year after the date of assent of the Wild Rivers and 13
Other Legislation Amendment Act 2006. 14
`(4) This section applies despite sections 30 and 32 and the 15
Building Regulation 2006, section 7. 16
`(5) In this section-- 17
rainwater tank provision means a provision of a planning 18
scheme that requires the installation of a rainwater tank for a 19
building that is the subject of relevant building work. 20
relevant building work means the construction of a class 1 21
building that, under the Water Act 2000, is in a service area for 22
a retail water service.'. 23
Clause 28 Amendment of sch 2 (Dictionary) 24
(1) Schedule 2, definition approval documents, paragraph (f)-- 25
omit, insert-- 26
`(f) if the application relates to building work that uses an 27
alternative solution and the assessment manager 28
approved the application on the basis of the alternative 29
solution--the statement required under section 68A.'. 30
(2) Schedule 2, definition assessable development, `Integrated 31
Planning Act 1997'-- 32
s 29 20 s 32
Wild Rivers and Other Legislation Amendment Bill
2006
omit, insert-- 1
`IPA'. 2
Part 4 Amendment of Coastal 3
Protection and Management 4
Act 1995 5
Clause 29 Act amended in pt 4 and schedule 6
This part and the schedule amend the Coastal Protection and 7
Management Act 1995. 8
Clause 30 Amendment of s 90 (Preparation of plans) 9
Section 90(1)-- 10
insert-- 11
`(c) if the area to which the plan relates includes all or part 12
of a wild river area--the wild river declaration for the 13
wild river area.'. 14
Clause 31 Amendment of s 93 (Approving or refusing to approve 15
plans) 16
Section 93(1)(c)-- 17
insert-- 18
`(iv) wild river areas under the Wild Rivers Act 2005; 19
and'. 20
Clause 32 Amendment of s 96 (Renewing approvals) 21
Section 96-- 22
insert-- 23
s 33 21 s 35
Wild Rivers and Other Legislation Amendment Bill
2006
`(1A) If the area to which the approved plan relates includes all or 1
part of a wild river area, the plan must include consideration 2
of the wild river declaration for the wild river area.'. 3
Part 5 Amendment of Environmental 4
Protection Act 1994 5
Clause 33 Act amended in pt 5 6
This part amends the Environmental Protection Act 1994. 7
Clause 34 Amendment of s 41 (Submission) 8
(1) Section 41(2)-- 9
insert-- 10
`(ba) if any of the operational land for the project is in a wild 11
river area-- 12
(i) if mining activities are to be carried out in the wild 13
river high preservation area or under a nominated 14
waterway in the wild river area--include a 15
statement of how the proponent proposes to decide 16
the minimum depth below the surface of the land 17
under which the mining activities can be carried 18
out to comply with the wild river declaration for 19
the area; and 20
(ii) include any other matter that the wild river 21
declaration states must be included in the draft 22
terms of reference for the EIS; and'. 23
(2) Section 41(2)(ba) and (c)-- 24
renumber as section 41(2)(c) and (d). 25
Clause 35 Amendment of s 73AA (Development applications in 26
relation to wild river areas) 27
(1) Section 73AA(1), `Integrated Planning Act 1997'-- 28
s 35 22 s 35
Wild Rivers and Other Legislation Amendment Bill
2006
omit, insert-- 1
`Integrated Planning Act `. 2
(2) Section 73AA(2) to (5)-- 3
omit, insert-- 4
`(2) Subsection (5) applies if any part of the application relates to 5
development in waters in a wild river area that is for an 6
environmentally relevant activity mentioned in the 7
Environmental Protection Regulation 1998, schedule 1, item 8
20 (extracting rock or other material), other than if the 9
development application is accompanied by an allocation 10
notice. 11
`(3) Subsection (5) applies if any part of the application relates to 12
development in a wild river high preservation area, other than 13
for the following-- 14
(a) an environmentally relevant activity mentioned in the 15
following provisions of the Environmental Protection 16
Regulation 1998-- 17
(i) schedule 1, item 15 (sewage treatment) or 16 18
(municipal water treatment plant); 19
(ii) schedule 1, item 19 (dredging material); 20
(iii) schedule 1, item 20 (extracting rock or other 21
material), if the activity is a low impact activity 22
carried out outside waters and is for specified 23
works, or residential complexes, in the area; 24
(iv) schedule 1, item 22 (screening etc. materials), if 25
the activity is carried out outside waters and is for 26
specified works, or residential complexes, in the 27
area; 28
(v) schedule 1, item 11 (crude oil or petroleum product 29
storage), if the activity is-- 30
(A) a level 2 environmentally relevant activity; 31
and 32
(B) for residential complexes in the area; and 33
(C) carried out outside a designated urban area; 34
s 35 23 s 35
Wild Rivers and Other Legislation Amendment Bill
2006
(b) an exempt environmentally relevant activity in a 1
designated urban area. 2
`(4) Subsection (5) applies if any part of the application relates to 3
development in a floodplain management area that is for an 4
environmentally relevant activity mentioned in the 5
Environmental Protection Regulation 1998, schedule 1, item 6
20, other than if the activity is a low impact activity carried 7
out outside waters and is for specified works, or residential 8
complexes, in the area. 9
`(5) Despite the Integrated Planning Act, section 3.2.1-- 10
(a) the application is taken not to be a properly made 11
application for that Act; and 12
(b) the assessment manager must refuse to receive the 13
application. 14
`(6) Subsection (7) and (8) apply-- 15
(a) to an application not refused under subsection (5); and 16
(b) to the extent the application relates to development in a 17
wild river area, other than for the following-- 18
(i) an environmentally relevant activity mentioned in 19
the Environmental Protection Regulation 1998, 20
schedule 1, item 15 or 16, if the development is in 21
a designated urban area; 22
(ii) development mentioned in subsection (3)(b); and 23
(c) despite the Integrated Planning Act, chapter 3, part 3, 24
division 4 and sections 3.5.4, 3.5.5, 3.5.13 and 3.5.14. 25
`(7) For the application, the assessment manager's and any 26
concurrence agency's decision must comply with the 27
applicable code mentioned in the wild river declaration for the 28
area. 29
`(8) For development mentioned in subsection (3)(a)(i) in a wild 30
river high preservation area, the assessment manager and any 31
concurrence agency must, in assessing and deciding the 32
application, be satisfied there is no viable location for the 33
development outside the wild river high preservation area. 34
`(9) In this section-- 35
s 36 24 s 36
Wild Rivers and Other Legislation Amendment Bill
2006
allocation notice means an allocation notice given-- 1
(a) under the Water Act 2000, section 283; or 2
(b) before the commencement of this section, under the 3
Coastal Protection and Management Act 1995, section 4
76. 5
exempt environmentally relevant activity means-- 6
(a) an environmentally relevant activity mentioned in the 7
Environmental Protection Regulation 1998, schedule 1, 8
item 14 (crematorium) or 28 (motor vehicle workshop); 9
or 10
(b) a level 2 environmentally relevant activity mentioned in 11
the Environmental Protection Regulation 1998, schedule 12
1, other than item 1(a) (aquaculture), 2(a) (cattle 13
feedlotting), 3(a) (pig farming), 4(a) (poultry farming), 14
19 (dredging material), 20 (extracting rock or other 15
material), 22 (screening etc. materials) or 59 (asphalt 16
manufacturing). 17
floodplain management area see the Wild Rivers Act 2005, 18
schedule. 19
low impact activity means a borrow pit of not more than 20
10000m3.'. 21
Clause 36 Amendment of s 151 (What is a level 1 mining project and 22
a level 2 mining project) 23
(1) Section 151(1)(c)-- 24
omit, insert-- 25
`(c) any of the mining activities that form the project are in a 26
wild river area, other than the following-- 27
(i) mining activities authorised under an 28
environmental authority (prospecting) or an 29
environmental authority (mining claim) in a wild 30
river area; 31
(ii) mining activities authorised under an 32
environmental authority (exploration permit) in a 33
wild river preservation area.'. 34
s 37 25 s 39
Wild Rivers and Other Legislation Amendment Bill
2006
(2) Section 151(2)(b)(iii)-- 1
omit. 2
Clause 37 Amendment of s 162 (Decision about EIS requirement) 3
Section 162-- 4
insert-- 5
`(3A) Also, an EIS is required for the application if any part of the 6
application relates to mining activities-- 7
(a) below the surface of a wild river high preservation area; 8
or 9
(b) under a nominated waterway in a wild river preservation 10
area.'. 11
Clause 38 Amendment of s 163 (Minister's power to overturn 12
decision about EIS requirement) 13
Section 163(1), after `if--'-- 14
omit, insert-- 15
(a) it is for an environmental authority (mining lease) and a 16
relevant mining lease is, or is included in, a significant 17
project; or 18
(b) any part of the application relates to mining activities-- 19
(i) below the surface of a wild river high preservation 20
area; or 21
(ii) under a nominated waterway in a wild river 22
preservation area.'. 23
Clause 39 Amendment of sch 3 (Dictionary) 24
(1) Schedule 3-- 25
insert-- 26
`designated urban area see the Wild Rivers Act 2005, 27
schedule. 28
nominated waterway see the Wild Rivers Act 2005, schedule. 29
s 40 26 s 41
Wild Rivers and Other Legislation Amendment Bill
2006
residential complex-- 1
1 A residential complex is land in a wild river area, 2
including buildings and infrastructure on the land, that is 3
used to accommodate fewer than the following-- 4
(i) 50 permanent residents; 5
(ii) 200 temporary residents. 6
7
Example--
8
homestead, out-station, resort complex
2 The term does not include land in a designated urban 9
area in the wild river area.'. 10
(2) Schedule 3, definitions wild river area and wild river 11
declaration, `schedule 2'-- 12
omit, insert-- 13
`schedule'. 14
Part 6 Amendment of Forestry Act 15
1959 16
Clause 40 Act amended in pt 6 and schedule 17
This part and the schedule amend the Forestry Act 1959. 18
Clause 41 Amendment of s 33A (Management in a wild river area) 19
Section 33A(2), after `chief executive must'-- 20
omit, insert-- 21
`-- 22
(a) have regard to any relevant code of practice approved 23
under section 44A; and 24
(b) ensure the plan is not inconsistent with the wild river 25
declarations for the areas.'. 26
s 42 27 s 43
Wild Rivers and Other Legislation Amendment Bill
2006
Clause 42 Amendment of s 44A (Code of practice for getting forest 1
products in wild river areas) 2
Section 44A-- 3
insert-- 4
`(4) The code must not be inconsistent with achieving the purpose 5
of the Wild Rivers Act 2005. 6
7
Note--
8
See the Wild Rivers Act 2005, section 3 (Purpose of Act).'.
Clause 43 Amendment of s 44B (Getting forest products in wild river 9
areas) 10
(1) Section 44B, after `in accordance with'-- 11
omit, insert-- 12
`-- 13
(a) the code approved by the chief executive under section 14
44A that applies for the area and any other requirement 15
stated to apply in the wild river declaration for the area; 16
or 17
(b) if a code of practice has not been approved--any 18
relevant code stated to apply in the wild river declaration 19
for the area.'. 20
(2) Section 44B-- 21
insert-- 22
`(2) However, if the code approved by the chief executive under 23
section 44A for the wild river area is inconsistent with any 24
relevant code stated to apply in the wild river declaration for 25
the area, the code that gives a greater level of protection for 26
the area prevails to the extent of the inconsistency.'. 27
s 44 28 s 45
Wild Rivers and Other Legislation Amendment Bill
2006
Part 7 Amendment of Integrated 1
Planning Act 1997 2
Clause 44 Act amended in pt 7 and schedule 3
This part and the schedule amend the Integrated Planning Act 4
1997. 5
Clause 45 Amendment of sch 8 (Assessable development and 6
self-assessable development) 7
(1) Schedule 8, part 1, table 4, item 1A-- 8
insert-- 9
10
`(ga) for urban purposes in an urban area in a wild river high preservation
11
area and the vegetation is--
12
(i) a remnant of concern regional ecosystem; or
13
(ii) a remnant not of concern regional ecosystem; or
14
(iii) not remnant vegetation; or'.
(2) Schedule 8, part 2, table 1, item 3, `, other than in a wild river 15
area,'-- 16
omit. 17
(3) Schedule 8, part 2, table 4, item 3, `, other than in a wild river 18
area,'-- 19
omit. 20
(4) Schedule 8, part 2, table 4, item 4, `, other than in a wild river 21
area,'-- 22
omit. 23
(5) Schedule 8, part 2, table 4, item 4, paragraph (a), after `State 24
land'-- 25
insert-- 26
`, other than in a wild river area'. 27
s 46 29 s 49
Wild Rivers and Other Legislation Amendment Bill
2006
Part 8 Amendment of Mineral 1
Resources Act 1989 2
Clause 46 Act amended in pt 8 and schedule 3
This part and the schedule amend the Mineral Resources Act 4
1989. 5
Clause 47 Amendment of s 25 (Conditions of prospecting permit) 6
(1) Section 25-- 7
insert-- 8
`(1A) If a prospecting permit is granted over land that includes a 9
wild river area, the prospecting permit is subject to any 10
relevant conditions stated in the wild river declaration for the 11
area.'. 12
(2) Section 25(5), `subsections (2) to (4)'-- 13
omit, insert-- 14
`subsections (1A) to (4)'. 15
Clause 48 Amendment of s 81 (Conditions of mining claim) 16
(1) Section 81-- 17
insert-- 18
`(1A) If a mining claim is granted over land that includes a wild 19
river area, the mining claim is subject to any relevant 20
conditions stated in the wild river declaration for the area.'. 21
(2) Section 81(3), `subsections (1) and (2)'-- 22
omit, insert-- 23
`subsections (1), (1A) and (2)'. 24
Clause 49 Amendment of s 141 (Conditions of exploration permit) 25
(1) Section 141-- 26
insert-- 27
s 50 30 s 52
Wild Rivers and Other Legislation Amendment Bill
2006
`(1A) If an exploration permit is granted over land that includes a 1
wild river area, the exploration permit is subject to any 2
relevant conditions stated in the wild river declaration for the 3
area.'. 4
(2) Section 141(6), `subsections (1), (2) and (5)'-- 5
omit, insert-- 6
`subsections (1), (1A), (2) and (5)'. 7
Clause 50 Amendment of s 194 (Conditions of mineral development 8
licence) 9
(1) Section 194-- 10
insert-- 11
`(1A) If a mineral development licence is granted over land that 12
includes a wild river area, the mineral development licence is 13
subject to any relevant conditions stated in the wild river 14
declaration for the area.'. 15
(2) Section 194(6), `subsections (1), (2) and (5)'-- 16
omit, insert-- 17
`subsections (1), (1A), (2) and (5)'. 18
Clause 51 Amendment of s 276 (General conditions of mining lease) 19
Section 276-- 20
insert-- 21
`(2A) If a mining lease is granted over land that includes a wild river 22
area, the mining lease is subject to any relevant conditions 23
stated in the wild river declaration for the area.'. 24
Clause 52 Amendment of s 382 (Definitions for pt 10A) 25
(1) Section 382, definitions mining tenement, wild river area and 26
wild river declaration-- 27
omit. 28
(2) Section 382-- 29
s 53 31 s 53
Wild Rivers and Other Legislation Amendment Bill
2006
insert-- 1
`low impact activity, for an exploration permit, has the same 2
meaning for this part as it has under section 482 for part 15. 3
nominated waterway see the Wild Rivers Act 2005, schedule.'. 4
(3) Section 382, definition limited hand sampling techniques, 5
paragraph (c)(i)(C), `or a tributary of a watercourse'-- 6
omit. 7
(4) Section 382, definition proposed wild river area, `schedule 8
2'-- 9
omit, insert-- 10
`schedule'. 11
Clause 53 Replacement of ss 383 and 384 12
Section 383 and 384-- 13
omit, insert-- 14
`383 Grant of mining tenements in wild river areas 15
`(1) If a mining tenement, other than an exploration permit or a 16
mining lease, is granted over land that includes a wild river 17
area, the following parts of the wild river area are excluded 18
from the land to which the mining tenement applies-- 19
(a) the wild river high preservation area; 20
(b) nominated waterways in the wild river preservation area. 21
`(2) If an exploration permit is granted over land that includes a 22
wild river area, exploration may be carried out-- 23
(a) to the extent the exploration permit applies to the wild 24
river high preservation area, other than watercourses and 25
lakes--using only low impact activities; and 26
(b) to the extent the exploration permit applies to 27
watercourses and lakes in the wild river high 28
preservation area or nominated waterways--using only 29
limited hand sampling techniques. 30
`(3) If a mining lease is granted over land that includes a wild river 31
area, mining lease activities must not be carried out-- 32
s 53 32 s 53
Wild Rivers and Other Legislation Amendment Bill
2006
(a) on the surface of the land in the wild river high 1
preservation area; or 2
(b) in a nominated waterway. 3
`(4) Subsection (3)(b) does not apply if-- 4
(a) the mining lease is, or is included in, a project declared 5
under the State Development and Public Works 6
Organisation Act 1971, section 26, to be a significant 7
project; and 8
(b) the report evaluating the EIS for the project shows-- 9
(i) the natural values of the wild river, included in the 10
wild river preservation area, will be preserved; and 11
(ii) it is not reasonably feasible to take the natural 12
resource under the lease by underground mining; 13
and 14
(iii) the value of the natural resource is sufficient to 15
warrant the grant of the lease over the nominated 16
waterway. 17
`(5) Subsections (1) to (4) do not apply to a mining tenement-- 18
(a) for a project for which a special agreement Act was 19
enacted; and 20
(b) application for which was allowed, under the special 21
agreement Act, to be made. 22
`(6) Subsection (1) does not prevent a single mining tenement 23
applying to the land not excluded under subsection (1). 24
`(7) The holder of a mining tenement is not required to pay rental 25
on land excluded under this section. 26
`384 Renewal of mining tenements in wild river areas 27
`(1) If a mining tenement, other than an exploration permit, a 28
mining lease or a mining claim, is renewed over land that, at 29
the time of the renewal, includes a wild river area, the 30
following parts of the wild river area are excluded from the 31
land to which the renewed mining tenement applies-- 32
(a) the wild river high preservation area; 33
s 53 33 s 53
Wild Rivers and Other Legislation Amendment Bill
2006
(b) nominated waterways in the wild river preservation area. 1
`(2) If an exploration permit is renewed over land that, at the time 2
of the renewal, includes a wild river area, exploration may be 3
carried out-- 4
(a) to the extent the renewed exploration permit applies to 5
the wild river high preservation area, other than 6
watercourses and lakes--using only low impact 7
activities; and 8
(b) to the extent the renewed exploration permit applies to 9
watercourses and lakes in the wild river high 10
preservation area or nominated waterways--using only 11
limited hand sampling techniques. 12
`(3) If a mining lease is renewed over land that, at the time of the 13
renewal, includes a wild river area, mining lease activities 14
must not be carried out-- 15
(a) on the surface of the land in the wild river high 16
preservation area; or 17
(b) in a nominated waterway. 18
`(4) Subsection (3)(b) does not apply if-- 19
(a) the mining lease is, or is included in, a project declared 20
under the State Development and Public Works 21
Organisation Act 1971, section 26, to be a significant 22
project; and 23
(b) the report evaluating the EIS for the project shows-- 24
(i) the natural values of the wild river, included in the 25
wild river preservation area, will be preserved; and 26
(ii) it is not reasonably feasible to take the natural 27
resource under the lease by underground mining; 28
and 29
(iii) the value of the natural resource is sufficient to 30
warrant the renewal of the lease over the 31
nominated waterway. 32
`(5) Subsections (1) to (4) do not apply to a mining tenement-- 33
(a) for a project for which a special agreement Act was 34
enacted; and 35
s 54 34 s 56
Wild Rivers and Other Legislation Amendment Bill
2006
(b) application for which was allowed, under the special 1
agreement Act, to be made. 2
`(6) Subsection (1) does not prevent a single mining tenement 3
applying to the land not excluded under subsection (1). 4
`(7) The holder of a mining tenement is not required to pay rental 5
on land excluded under this section.'. 6
Part 9 Amendment of Valuation of 7
Land Act 1944 8
Clause 54 Act amended in pt 9 9
This part amends the Valuation of Land Act 1944. 10
Clause 55 Amendment of s 2 (Definitions) 11
(1) Section 2, definition annual valuation notice-- 12
omit. 13
(2) Section 2-- 14
insert-- 15
`notice of valuation means-- 16
(a) for part 4--a notice issued under section 41A; or 17
(b) for part 6--a notice issued under section 50; or 18
(c) otherwise--a notice issued under section 41A or 50.'. 19
Clause 56 Amendment of s 28 (Alteration of valuation in force or to 20
come into force) 21
Section 28, `an annual valuation notice under part 4, and'-- 22
omit, insert-- 23
`a notice of valuation under section 41A and'. 24
s 57 35 s 60
Wild Rivers and Other Legislation Amendment Bill
2006
Clause 57 Amendment of s 41A (Notice to owners about valuations) 1
(1) Section 41A(2)(b)-- 2
omit, insert-- 3
`(b) state the date of issue of the notice; and 4
(ba) state that the owner may object to the valuation within 5
45 days after the date of issue of the notice; and'. 6
(2) Section 41A(2)(ba) and (c)-- 7
renumber as section 41A(2)(c) and (d). 8
Clause 58 Amendment of s 42 (Owner may object) 9
(1) Section 42(1), `may within 42 days after the annual valuation 10
notice is given to the owner'-- 11
omit, insert-- 12
`may, within 45 days after the date of issue of the notice of 13
valuation under section 41A(1)(a)'. 14
(2) Section 42(3)-- 15
omit, insert-- 16
`(3) An objection under subsection (2) must be posted to or lodged 17
with the chief executive within 45 days after the date of issue 18
of the notice of valuation under section 41A(1)(b).'. 19
Clause 59 Amendment of s 43C (Effect on objection of change in 20
valuation) 21
Section 43C(1)(c), after `issued'-- 22
insert-- 23
`under section 50'. 24
Clause 60 Amendment of s 44 (Late objection) 25
Section 44(1)(b)-- 26
omit, insert-- 27
s 61 36 s 64
Wild Rivers and Other Legislation Amendment Bill
2006
`(b) the person posts to or lodges with the chief executive an 1
objection in writing against the valuation within 1 year 2
after the date of issue of the notice of valuation; and'. 3
Clause 61 Amendment of s 46 (Right of new owner to carry on 4
objection or appeal) 5
(1) Section 46(1), `the relevant date of notice'-- 6
omit, insert-- 7
`a valuation of the land under this part and the issue of the 8
notice of valuation in respect of the land'. 9
(2) Section 46(4)-- 10
omit. 11
Clause 62 Amendment of s 52 (Objections to valuation) 12
Section 52, `42'-- 13
omit, insert-- 14
`45'. 15
Clause 63 Amendment of s 52A (Late objections to valuation) 16
Section 52A(1)(b)-- 17
omit, insert-- 18
`(b) the person posts to or lodges with the chief executive an 19
objection in writing against the valuation within 1 year 20
after the date of issue of the notice of valuation in 21
respect of the land; and'. 22
Clause 64 Amendment of s 54 (Notice to objector) 23
Section 54(2)(c), `in accordance with this Act'-- 24
omit, insert-- 25
`under section 50'. 26
s 65 37 s 66
Wild Rivers and Other Legislation Amendment Bill
2006
Part 10 Amendment of Vegetation 1
Management Act 1999 2
Clause 65 Act amended in pt 10 and schedule 3
This part and the schedule amend the Vegetation Management 4
Act 1999. 5
Clause 66 Amendment of s 22A (Particular vegetation clearing 6
applications may be assessed) 7
(1) Section 22A(2)-- 8
insert-- 9
`(k) for clearing regrowth on freehold land, or indigenous 10
land, in a wild river high preservation area.'. 11
(2) Section 22A(2A)(a), `(g), (i) or (j)'-- 12
omit, insert-- 13
`(g) or (i)'. 14
(3) Section 22A-- 15
insert-- 16
`(2B) Also, a vegetation clearing application is not for a relevant 17
purpose under this section if the development applied for is-- 18
(a) mentioned in subsection (2)(j) or (k); and 19
(b) proposed for a wild river high preservation area, other 20
than an area shown as a registered area of agriculture on 21
a registered area of agriculture map.'. 22
(4) Section 22A(3), after `quarry.'-- 23
insert-- 24
`registered area of agriculture map-- 25
1 A registered area of agriculture map means a map-- 26
(a) certified by the chief executive as a registered area 27
of agriculture map for wild river areas; and 28
s 67 38 s 69
Wild Rivers and Other Legislation Amendment Bill
2006
(b) maintained by the department for the purpose of 1
showing, for the wild river areas, registered areas 2
of agriculture. 3
2 A registered area of agriculture map includes any 4
amendment to the map included in a schedule to the 5
map and certified by the chief executive as an 6
amendment to the map at the day the amendment is 7
certified.'. 8
Part 11 Amendment of Water Act 2000 9
Division 1 Preliminary 10
Clause 67 Act amended in pt 11 and schedule 11
This part and the schedule amend the Water Act 2000. 12
Division 2 Amendments for Wild Rivers Act 13
2005 14
Clause 68 Amendment of s 209 (Applications that may be decided 15
without public notice) 16
Section 209(1), `or a resource operations plan'-- 17
omit, insert-- 18
`, a resource operations plan or a wild river declaration'. 19
Clause 69 Amendment of s 210 (Criteria for deciding application for 20
water licence) 21
Section 210(1)(c), `and resource operations plan'-- 22
omit, insert-- 23
`, resource operations plan and wild river declaration'. 24
s 70 39 s 73
Wild Rivers and Other Legislation Amendment Bill
2006
Clause 70 Amendment of s 266 (Applying for permit to destroy 1
vegetation, excavate or place fill in a watercourse, lake or 2
spring) 3
Section 266(4)(a)-- 4
omit, insert-- 5
`(a) relates to a wild river high preservation area or a 6
nominated waterway in a wild river preservation area; 7
and'. 8
Clause 71 Amendment of s 268 (Criteria for deciding application for 9
a permit to destroy vegetation, excavate or place fill in a 10
watercourse, lake or spring) 11
(1) Section 268-- 12
insert-- 13
`(ga) any applicable wild river declaration, including any 14
code, for the proposed activity, mentioned in the 15
declaration;'. 16
(2) Section 268(ga) to (i)-- 17
renumber as section 268(h) to (j). 18
Clause 72 Amendment of s 280 (Applying for allocation of quarry 19
material) 20
Section 280(3), `made.'-- 21
omit, insert-- 22
`made unless the quarry material for the proposed allocation is 23
to be used for specified works, or residential complexes, in the 24
wild river area.'. 25
Clause 73 Amendment of s 282 (Criteria for deciding application for 26
allocation of quarry material) 27
(1) Section 282-- 28
insert-- 29
s 74 40 s 74
Wild Rivers and Other Legislation Amendment Bill
2006
`(1A) Also, if any part of the application relates to a wild river area, 1
the chief executive must, in deciding whether to grant or 2
refuse the application or what should be the conditions of the 3
allocation, consider the wild river declaration for the area.'. 4
(2) Section 282(2), `Subsection (1) does'-- 5
omit, insert-- 6
`Subsection (1) and (1A) do'. 7
(3) Section 282-- 8
insert-- 9
`(3) If any part of the application relates to a wild river area, the 10
chief executive must not grant the application unless 11
satisfied-- 12
(a) the quarry material for the proposed allocation is to be 13
used for specified works or a residential complex; and 14
(b) there is no other suitable source of material not in a 15
watercourse that is within a reasonable distance from 16
where the specified works or the residential complex is 17
or will be situated.'. 18
Clause 74 Amendment of s 966C (Applications in relation to 19
removal of quarry material in wild river areas) 20
Section 966C(2) and (3)-- 21
omit, insert-- 22
`(2) For the application, the assessment manager's and any 23
concurrence agency's decision must comply with the 24
applicable code mentioned in the wild river declaration for the 25
area.'. 26
s 75 41 s 75
Wild Rivers and Other Legislation Amendment Bill
2006
Division 3 Amendments about the commission 1
and other matters 2
Clause 75 Amendment of s 223 (Transferring water licence to other 3
land) 4
Section 223-- 5
omit, insert-- 6
`223 Other transfer of water licence 7
`(1) Subsection (3) applies if a regulation states-- 8
(a) that all or part of a water licence, to take water, attaching 9
to land may be transferred so that the licence attaches to 10
other land, whether in or outside Queensland; and 11
(b) the process for dealing with an application for the 12
transfer. 13
`(2) Subsection (3) also applies in the following circumstances, 14
whether or not a water licence, to take water, attaches to the 15
land-- 16
(a) if a regulation states that all or part of the water licence 17
to which a water resource plan applies may be-- 18
(i) transferred to a prescribed person; or 19
(ii) amended to change the location from which the 20
water may be taken or the purpose for which the 21
water may be taken; or 22
(iii) amalgamated with another licence held or to be 23
held by the transferee; 24
(b) if a resource operations plan states rules for changing 25
the location from which the water may be taken under 26
the licence; 27
(c) if the regulation states the process for dealing with an 28
application for the transfer, amendment or 29
amalgamation. 30
`(3) The application may be made only in accordance with the 31
regulation. 32
s 76 42 s 77
Wild Rivers and Other Legislation Amendment Bill
2006
`(4) If the application is, or includes, an application to amend a 1
water licence to take water, and there is other land between 2
the proposed point of the taking and the land to which the 3
amended licence would attach, section 206(3)(b) also applies 4
to the application. 5
`(5) If the application includes an application to amalgamate water 6
licences, the part of the application relating to the 7
amalgamation may be made only by an applicant mentioned 8
in section 224(1). 9
`(6) In this section-- 10
prescribed person means-- 11
(a) a person who is, or will be, an owner of land to which a 12
water licence will attach when a transfer under this 13
section is approved; or 14
(b) an entity mentioned in section 206(4).'. 15
Clause 76 Amendment of s 360W (Content of plan) 16
Section 360W(1)(b)(v)-- 17
omit, insert-- 18
`(v) the desired levels of service objectives; 19
(vi) the desired water savings and efficiency targets; 20
(vii) other obligations imposed on the water service 21
providers under the plan.'. 22
Clause 77 Insertion of new ch 2A, pt 5, div 3 23
After section 360ZC-- 24
insert-- 25
`Division 3 Water efficiency management plans 26
`360ZCA Purpose and application of division 27
`(1) The purpose of this division is to promote the efficient use of 28
water by non-residential customers. 29
s 77 43 s 77
Wild Rivers and Other Legislation Amendment Bill
2006
`(2) This division only applies for a non-residential customer-- 1
(a) in the SEQ region or a designated region (the region); 2
and 3
(b) who does not hold a water entitlement. 4
`(3) However, if this division would not apply to a non-residential 5
customer because of subsection (2), but the customer takes 6
water from a water service provider in the region under 7
another arrangement, the division applies for the other 8
arrangement. 9
`(4) Also-- 10
(a) if a customer to whom this division applies is also a 11
customer to whom chapter 3, part 2, division 7 applies 12
the customer is taken to be a customer for this division 13
only; and 14
(b) if a customer to whom this division applies is a customer 15
of more than 1 water service provider in the region, the 16
water service provider who provides the customer with 17
the most water is the water service provider for the 18
customer for this division. 19
`360ZCB When water efficiency management plan may be 20
required 21
`(1) The commission may, by written direction, require a water 22
service provider to give a customer, or type of customer, a 23
written notice-- 24
(a) to prepare a plan (a water efficiency management 25
plan); and 26
(b) to give it to the water service provider within the 27
reasonable time stated by the commission. 28
`(2) The water service provider must comply with the direction. 29
Maximum penalty--500 penalty units. 30
`(3) A water service provider may, without direction, give a 31
customer, or type of customer, a written notice approved by 32
the commission-- 33
s 77 44 s 77
Wild Rivers and Other Legislation Amendment Bill
2006
(a) to prepare a plan (also a water efficiency management 1
plan); and 2
(b) to give it to the water service provider within the 3
reasonable time stated by the water service provider. 4
`(4) The customer must comply with a notice given by a water 5
service provider under subsection (1) or (3). 6
Maximum penalty--500 penalty units. 7
`(5) A customer may, for any reason, prepare a water efficiency 8
management plan. 9
`(6) This division applies to the preparation and approval of a plan 10
to which this section applies. 11
`360ZCC Content of water efficiency management plan 12
`A water efficiency management plan must comply with any 13
relevant guidelines issued by the commission and must state 14
the following-- 15
(a) the name of the customer and the location where the 16
plan applies; 17
(b) an outline the customer's current water use at the 18
location and the source of the water used; 19
(c) the water savings and efficiencies that will be achieved 20
by implementing the plan; 21
(d) the time frames for implementing the plan. 22
`360ZCD Approving water efficiency management plan 23
`(1) For deciding whether or not to approve a water efficiency 24
management plan, the water service provider may require the 25
customer to give additional information about the plan within 26
the reasonable time stated by the water service provider. 27
`(2) The water service provider must approve, with or without 28
conditions, or refuse to approve the plan-- 29
(a) if additional information is not required--within 60 30
business days after receiving the plan; or 31
s 77 45 s 77
Wild Rivers and Other Legislation Amendment Bill
2006
(b) if additional information is required--within 60 1
business days of when the information is received or 2
should have been given, whichever is earlier. 3
`(3) Within 10 business days after making a decision under 4
subsection (2), the water service provider must give the 5
customer an information notice. 6
`(4) If the water service provider does not approve the plan, the 7
customer must, within 20 business days of receiving a notice 8
under subsection (3) or the extended period under subsection 9
(5), give the water service provider a revised plan that 10
addresses the reasons for the decision. 11
Maximum penalty--200 penalty units. 12
`(5) The water service provider may extend the period of 20 13
business days mentioned in subsection (4). 14
`(6) This division applies for a revised plan, with any necessary 15
changes to give effect to the division. 16
`(7) Chapter 6 applies for the information notice-- 17
(a) as if it were a notice given by a local government; and 18
(b) as if a reference in relation to a local government were a 19
reference to the water service provider; and 20
(c) with any necessary changes to give effect to paragraphs 21
(a) and (b). 22
`(8) The water service provider may recover from the customer, as 23
a debt due to it by the customer, a nominal application fee for 24
the approval of the customer's water efficiency management 25
plan. 26
`360ZCE Complying with water efficiency management plan 27
`A customer must comply with the customer's approved water 28
efficiency management plan. 29
Maximum penalty--1665 penalty units 30
s 77 46 s 77
Wild Rivers and Other Legislation Amendment Bill
2006
`360ZCF Reporting under water efficiency management plan 1
`(1) A customer to whom an approved water efficiency 2
management plan applies, must give the water service 3
provider a written report each year advising-- 4
(a) the extent to which the plan has been implemented; and 5
(b) the water savings and efficiencies achieved by 6
implementing the plan; and 7
(c) any change of circumstances in relation to the matters 8
mentioned in section 360ZCH(1)(a). 9
Maximum penalty--100 penalty units. 10
`(2) The report must be given within 10 business days after the 11
anniversary day for the plan. 12
`(3) The commission may at any time ask a water service provider 13
to give the commission-- 14
(a) a copy of an approved water efficiency management 15
plan; or 16
(b) information about a plan that has not yet been approved; 17
or 18
(c) a report summarising progress by the water service 19
provider's customers in achieving water savings and 20
efficiencies. 21
`(4) The water service provider must comply with the request 22
within 20 business days. 23
Maximum penalty for subsection (4)--100 penalty units. 24
`360ZCG Amending or replacing water efficiency management 25
plan by commission direction 26
`(1) This section applies if the commission is satisfied that there is 27
or there is likely to be-- 28
(a) a severe water supply shortage; or 29
(b) an increase in the severity of a water supply shortage. 30
s 77 47 s 77
Wild Rivers and Other Legislation Amendment Bill
2006
`(2) The commission may, by written direction, require a water 1
service provider to give a customer, or type of customer, a 2
written notice requiring the customer to-- 3
(a) amend an approved water efficiency management plan 4
and give it to the water service provider within the 5
reasonable time stated by the commission; or 6
(b) prepare a new water efficiency management plan and 7
give it to the water service provider within the 8
reasonable time stated by the commission. 9
`(3) The water service provider must comply with the direction. 10
Maximum penalty--500 penalty units. 11
`(4) The customer must comply with a notice given under 12
subsection (2). 13
Maximum penalty--500 penalty units. 14
`(5) This division, other than section 360ZCB, applies for 15
preparing the amended or new plan, with any necessary 16
changes to give effect to the division. 17
`360ZCH Amending or replacing water efficiency management 18
plan by water service provider direction 19
`(1) This section applies if a water service provider is satisfied 20
that-- 21
(a) for a customer, or a type of customer, production output 22
or water consumption has increased significantly; or 23
(b) the cost effectiveness of implementing an approved 24
water efficiency management plan is likely to have 25
changed significantly; or 26
(c) there is or there is likely to be a severe water supply 27
shortage. 28
`(2) The water service provider must give the customer a written 29
notice requiring the customer to-- 30
(a) amend the plan and give it to the water service provider 31
within the reasonable time stated by the water service 32
provider; or 33
s 77 48 s 77
Wild Rivers and Other Legislation Amendment Bill
2006
(b) prepare a new water efficiency management plan and 1
give it to the water service provider within the 2
reasonable time stated by the water service provider. 3
`(3) The customer must comply with the notice. 4
Maximum penalty--500 penalty units. 5
`(4) This division, other than section 360ZCB, applies for 6
preparing the amended or new plan, with any necessary 7
changes to give effect to the division. 8
`360ZCI Amending or replacing water efficiency management 9
plan by request 10
`(1) A customer may request an amendment of an approved water 11
efficiency management plan or that a new water efficiency 12
management plan be prepared. 13
`(2) If the water service provider approves the request the 14
customer must-- 15
(a) amend the plan and give it to the water service provider 16
within the reasonable time stated by the water service 17
provider; or 18
(b) prepare a new water efficiency management plan and 19
give it to the water service provider within the 20
reasonable time stated by the water service provider. 21
`(3) This division, other than section 360ZCB, applies for 22
preparing the amended or new plan, with any necessary 23
changes to give effect to the division. 24
`360ZCJ Notice to comply with water efficiency management 25
plan 26
`(1) This section applies if a water service provider is satisfied or 27
reasonably believes a customer to whom an approved water 28
efficiency management plan applies has not complied with the 29
plan. 30
`(2) The water service provider may give the customer a notice, 31
requiring the customer to comply with the plan within the 32
reasonable time stated in the notice. 33
s 78 49 s 79
Wild Rivers and Other Legislation Amendment Bill
2006
`360ZCK Reviewing water efficiency management plans 1
`(1) A water service provider must ensure a customer to whom an 2
approved water efficiency management plan applies reviews 3
the plan when the water service provider considers it 4
appropriate. 5
`(2) The customer must give the water service provider a copy of 6
the review report within the reasonable time stated by the 7
water service provider. 8
`(3) A review must occur at least every 5 years.'. 9
Clause 78 Amendment of s 360ZD (Restricting water supply) 10
(1) Section 360ZD(1), `following in'-- 11
omit, insert-- 12
`following in all or part of'. 13
(2) Section 360ZD-- 14
insert-- 15
`(5) A restriction may provide an exemption from all or part of the 16
restriction. 17
`(6) In this section, the power to restrict includes the power to 18
prohibit.'. 19
Clause 79 Amendment of s 360ZE (Notice of commission water 20
restriction must be given) 21
Section 360ZE, penalty for subsection (4)-- 22
omit, insert-- 23
`Maximum penalty-- 24
(a) for a non-residential customer--1665 penalty units; or 25
(b) for any other person--200 penalty units. 26
`(5) Evidence of compliance with a relevant part of a commission 27
water restriction includes-- 28
(a) an authorised person is satisfied the premises meets the 29
requirements for the restriction; or 30
s 80 50 s 81
Wild Rivers and Other Legislation Amendment Bill
2006
(b) the person produces a certificate from a licensed 1
plumber certifying that the premises meets the 2
requirements for the restriction; or 3
(c) the person produces a statutory declaration declaring the 4
premises meets the requirements for the restriction.'. 5
Clause 80 Amendment of s 388 (Restricting water supply) 6
Section 388-- 7
insert-- 8
`(5) A restriction may provide an exemption from all or part of the 9
restriction. 10
`(6) In this section, the power to restrict includes the power to 11
prohibit.'. 12
Clause 81 Amendment of s 389 (Notice of service provider water 13
restriction must be given) 14
(1) Section 389, penalty for subsection (3)-- 15
omit, insert-- 16
`Maximum penalty-- 17
(a) for a non-residential customer--1665 penalty units; or 18
(b) for any other person--200 penalty units.'. 19
(2) Section 389-- 20
insert-- 21
`(7) Evidence of compliance with a relevant part of a service 22
provider water restriction includes-- 23
(a) an authorised person is satisfied the premises meets the 24
requirements for the restriction; or 25
(b) the person produces a certificate from a licensed 26
plumber certifying that the premises meets the 27
requirements for the restriction; or 28
(c) the person produces a statutory declaration declaring the 29
premises meets the requirements for the restriction.'. 30
s 82 51 s 82
Wild Rivers and Other Legislation Amendment Bill
2006
Clause 82 Insertion of new ch 3, pt 2, div 7 1
After section 398-- 2
insert-- 3
`Division 7 Water efficiency management plans 4
`399 Purpose and application of division 5
`(1) The purpose of this division is to promote water savings by 6
non-residential customers. 7
`(2) This division only applies for a non-residential customer-- 8
(a) outside the SEQ region or a designated region (the 9
region); and 10
(b) who does not hold a water entitlement. 11
`(3) However, if this division would not apply to a non-residential 12
customer because of subsection (2), but the customer takes 13
water from a water service provider in the region under 14
another arrangement, the division applies for the other 15
arrangement. 16
`(4) Also-- 17
(a) if a customer to whom this division applies is also a 18
customer to whom chapter 2A, part 5, division 3 applies, 19
the customer is taken to be a customer under that 20
division only; and 21
(b) if a customer to whom this division applies is a customer 22
of more than 1 water service provider in the region, the 23
water service provider who provides the customer with 24
the most water is the water service provider for the 25
customer for this division. 26
`400 When water efficiency management plan may be 27
required 28
`(1) The chief executive may, by written direction, require a water 29
service provider to give a customer, or type of customer, a 30
written notice-- 31
s 82 52 s 82
Wild Rivers and Other Legislation Amendment Bill
2006
(a) to prepare a plan (a water efficiency management 1
plan); and 2
(b) to give it to the water service provider within the 3
reasonable time stated by the chief executive. 4
`(2) The water service provider must comply with the direction. 5
Maximum penalty--500 penalty units. 6
`(3) A water service provider may, without direction, give a 7
customer, or type of customer, a written notice, approved by 8
the chief executive-- 9
(a) to prepare a plan (also a water efficiency management 10
plan); and 11
(b) to give it to the water service provider within the 12
reasonable time stated by the water service provider. 13
`(4) The customer must comply with a notice given by the water 14
service provider under subsection (1) or (3). 15
Maximum penalty--500 penalty units. 16
`(5) A customer may, for any reason, prepare a water efficiency 17
management plan. 18
`(6) This division applies to the preparation and approval of a plan 19
to which this section applies. 20
`401 Content of water efficiency management plan 21
`(1) A water efficiency management plan prepared under section 22
400(1) must comply with any relevant guidelines issued by 23
the chief executive. 24
`(2) A water efficiency management plan prepared under section 25
400(3) must comply with-- 26
(a) any relevant guidelines issued by the chief executive; or 27
(b) if the chief executive has not issued any guidelines--any 28
relevant guidelines issued by the water service provider. 29
`(3) A water efficiency management plan must also state the 30
following-- 31
s 82 53 s 82
Wild Rivers and Other Legislation Amendment Bill
2006
(a) the name of the customer and the location where the 1
plan applies; 2
(b) an outline the customer's current water use at the 3
location and the source of the water used; 4
(c) the water savings and efficiencies that will be achieved 5
by implementing the plan; 6
(d) the time frames for implementing the plan. 7
`402 Approving water efficiency management plan 8
`(1) For deciding whether or not to approve a water efficiency 9
management plan, the water service provider may require the 10
customer to give additional information about the plan within 11
the reasonable time stated by the water service provider. 12
`(2) The water service provider must approve, with or without 13
conditions, or refuse to approve the plan-- 14
(a) if additional information is not required--within 60 15
business days after receiving the plan; or 16
(b) if additional information is required--within 60 17
business days of when the information is received or 18
should have been given, whichever is earlier. 19
`(3) Within 10 business days after making a decision under 20
subsection (2), the water service provider must give the 21
customer an information notice. 22
`(4) If the water service provider does not approve the plan, the 23
customer must, within 20 business days of receiving the 24
notice or the extended period under subsection (5), give the 25
water service provider a revised plan addressing the reasons 26
for refusal of the plan. 27
Maximum penalty for subsection (4)--200 penalty units. 28
`(5) The water service provider may extend the period of 20 29
business days mentioned in subsection (4). 30
`(6) This division applies for a revised plan, with any necessary 31
changes to give effect to the division. 32
`(7) Chapter 6 applies for the information notice-- 33
s 82 54 s 82
Wild Rivers and Other Legislation Amendment Bill
2006
(a) as if it were a notice given by a local government; and 1
(b) as if a reference in relation to a local government were a 2
reference to the water service provider; and 3
(c) with any necessary changes to give effect to paragraphs 4
(a) and (b). 5
`(8) The water service provider may recover from the customer, as 6
a debt due to it by the customer, a nominal application fee for 7
the approval of the customer's water efficiency management 8
plan. 9
`403 Complying with water efficiency management plan 10
`A customer must comply with the customer's approved water 11
efficiency management plan. 12
Maximum penalty--1665 penalty units 13
`404 Reporting under water efficiency management plan 14
`(1) A customer to whom an approved water efficiency 15
management plan applies must give the water service provider 16
a written report each year advising-- 17
(a) the extent to which the plan has been implemented; and 18
(b) the water savings and efficiencies achieved by 19
implementing the plan; and 20
(c) any change of circumstances in relation to the matters 21
mentioned in section 405(1)(a). 22
Maximum penalty--100 penalty units. 23
`(2) The report must be given within 10 business days after the 24
anniversary day for the plan. 25
`(3) The chief executive may at any time ask a water service 26
provider to give the chief executive-- 27
(a) a copy of an approved water efficiency management 28
plan; or 29
(b) information about a plan that has not yet been approved; 30
or 31
s 82 55 s 82
Wild Rivers and Other Legislation Amendment Bill
2006
(c) a report summarising progress by the water service 1
provider's customers in achieving water savings and 2
efficiencies. 3
`(4) The water service provider must comply with the request 4
within 20 business days of receiving the request. 5
Maximum penalty for subsection (4)--100 penalty units. 6
`405 Amending or replacing water efficiency management 7
plan by chief executive direction 8
`(1) This section applies if the chief executive is satisfied that there 9
is or there is likely to be-- 10
(a) a severe water supply shortage; or 11
(b) an increase in the severity of a water supply shortage. 12
`(2) The chief executive may, by written direction, require a water 13
service provider to give a customer, or type of customer, a 14
written notice requiring the customer to-- 15
(a) amend an approved water efficiency management plan 16
and give it to the water service provider within the 17
reasonable time stated by the chief executive; or 18
(b) prepare a new water efficiency management plan and 19
give it to the water service provider within the 20
reasonable time stated by the chief executive. 21
`(3) The water service provider must comply with the direction. 22
Maximum penalty--500 penalty units. 23
`(4) The customer must comply with a notice given under 24
subsection (2). 25
Maximum penalty--500 penalty units. 26
`(5) This division, other than section 400, applies for preparing the 27
amended or new plan, with any necessary changes to give 28
effect to the division. 29
s 82 56 s 82
Wild Rivers and Other Legislation Amendment Bill
2006
`406 Amending or replacing water efficiency management 1
plan by water service provider direction 2
`(1) This section applies if a water service provider is satisfied 3
that-- 4
(a) for a customer, or a type of customer, production output 5
or water consumption has increased significantly; or 6
(b) the cost effectiveness of implementing an approved 7
water efficiency management plan is likely to have 8
changed significantly; or 9
(c) there is or there is likely to be a severe water supply 10
shortage. 11
`(2) The water service provider must give the customer a written 12
notice requiring the customer to-- 13
(a) amend the plan and give it to the water service provider 14
within the reasonable time stated by the water service 15
provider; or 16
(b) prepare a new water efficiency management plan and 17
give it to the water service provider within the 18
reasonable time stated by the water service provider. 19
`(3) The customer must comply with the notice. 20
Maximum penalty--500 penalty units. 21
`(4) This division, other than section 400, applies for preparing the 22
amended or new plan, with any necessary changes to give 23
effect to the division. 24
`407 Amending or replacing water efficiency management 25
plan by request 26
`(1) A customer may request an amendment of an approved water 27
efficiency management plan or that a new water efficiency 28
management plan be prepared. 29
`(2) If the water service provider approves the request the 30
customer must-- 31
(a) amend the plan and give it to the water service provider 32
within the reasonable time stated by the water service 33
provider; or 34
s 83 57 s 83
Wild Rivers and Other Legislation Amendment Bill
2006
(b) prepare a new water efficiency management plan and 1
give it to the water service provider within the 2
reasonable time stated by the water service provider. 3
`(3) This division, other than section 400, applies for preparing the 4
amended or new plan, with any necessary changes to give 5
effect to the division. 6
`407A Notice to comply with water efficiency management 7
plan 8
`(1) This section applies if a water service provider is satisfied or 9
reasonably believes a customer to whom an approved water 10
efficiency management plan applies has not complied with the 11
plan. 12
`(2) The water service provider may give the customer a notice, 13
requiring the customer to comply with the plan within the 14
reasonable time stated in the notice. 15
`407B Reviewing water efficiency management plans 16
`(1) A water service provider must ensure a customer to whom an 17
approved water efficiency management plan applies reviews 18
the plan when the water service provider considers it 19
appropriate. 20
`(2) The customer must give the water service provider a copy of 21
the review report within the reasonable time stated by the 22
water service provider. 23
`(3) A review must occur at least every 5 years.'. 24
Clause 83 Insertion of new ch 9, pt 5, div 7 25
After section 1143-- 26
insert-- 27
s 83 58 s 83
Wild Rivers and Other Legislation Amendment Bill
2006
`Division 7 Transitional provisions for Wild 1
Rivers and Other Legislation 2
Amendment Bill 2006 3
`1144 Plans taken to be water efficiency management plans 4
`(1) Subsection (2) applies if-- 5
(a) a customer has a plan for achieving water efficiency in 6
the customer's business operations; and 7
(b) the plan was approved by the customer's water service 8
provider before the commencement of this section. 9
`(2) The plan is taken to be an approved water efficiency 10
management plan from the commencement. 11
`(3) Subsection (4) applies if-- 12
(a) after the commencement of this section a region is 13
designated under section 360D; and 14
(b) chapter 2A, part 5, division 3 then applies to a 15
non-residential customer in the region; and 16
(c) there is, the day the designation is made, an approved 17
water efficiency management plan for the customer. 18
`(4) The approved water efficiency management plan is taken to be 19
an approved water efficiency management plan under chapter 20
2A, part 5 division 3 from the day of the designation. 21
`1145 Validation of commission water restrictions 22
`(1) This section applies if the commission has, under section 23
360ZE, purported to exercise a power-- 24
(a) mentioned in section 360ZD; and 25
(b) before the commencement of this section. 26
`(2) The exercise of the power is taken to be as valid as if the 27
power were exercised after the commencement. 28
`(3) In this section-- 29
s 84 59 s 84
Wild Rivers and Other Legislation Amendment Bill
2006
section 360ZD means 360ZD as it was after the 1
commencement. 2
`1146 Validation of service provider water restrictions 3
`(1) This section applies if a service provider has, under section 4
389, purported to exercise a power-- 5
(a) mentioned in section 388; and 6
(b) before the commencement of this section. 7
`(2) The exercise of the power is taken to be as valid as if the 8
power were exercised after the commencement. 9
`(3) In this section-- 10
section 388 means 388 as it was after the commencement.'. 11
Clause 84 Amendment of sch 4 (Dictionary) 12
(1) Schedule 4, definition customer-- 13
omit. 14
(2) Schedule 4-- 15
insert-- 16
`anniversary day, for an approved water efficiency 17
management plan, means each anniversary of the day the plan 18
was approved. 19
approved water efficiency management plan means a water 20
efficiency management plan approved under chapter 2A, part 21
5, division 3 or chapter 3, part 2, division 7. 22
customer-- 23
1 Generally, customer, of a service provider that is a local 24
government, means a ratepayer of the local government 25
who enjoys registered services supplied by the local 26
government. 27
2 Generally, customer, of a service provider other than a 28
local government, means a person who purchases 29
registered services supplied by the service provider on 30
s 84 60 s 84
Wild Rivers and Other Legislation Amendment Bill
2006
premises other than a public place or premises owned by 1
a service provider. 2
3 In chapter 2A, part 5, division 3, chapter 3, part 2, 3
division 7 and in the definition of non-residential 4
customer, customer, of a service provider that is a local 5
government, means-- 6
(a) a ratepayer of the local government who enjoys 7
registered services supplied by the local 8
government; or 9
(b) a person who occupies non-residential premises 10
that enjoy registered services supplied by the local 11
government. 12
4 In chapter 2A, part 5, division 3 and chapter 3, part 2, 13
division 7 and in the definition of non-residential 14
customer, customer, of a service provider other than a 15
local government, means-- 16
(a) a person who purchases registered services 17
supplied by the service provider; or 18
(b) a person who occupies non-residential premises 19
that enjoy registered services supplied by the 20
service provider. 21
5 In chapter 4 and section 851, customer means a person, 22
other than a ratepayer, for whom a water authority 23
carries out water activities. 24
non-residential customer means a customer who uses water 25
on non-residential premises. 26
non-residential premises means premises that are not used for 27
residential purposes, including, for example, tourist 28
accommodation, nursing homes, hostels, hospitals, caravan 29
parks, convents, nurseries, market gardens, turf farms, farms, 30
conference centres and the common property of a community 31
title scheme under the Body Corporate and Community 32
Management Act 1997 or under the Building Units and Group 33
Titles Act 1980. 34
water efficiency management plan means a plan prepared 35
under chapter 2A, part 5, division 3 or chapter 3, part 2, 36
division 7.'. 37
s 85 61 s 85
Wild Rivers and Other Legislation Amendment Bill
2006
Part 12 Other amendments of Acts 1
Clause 85 Amendments in schedule 2
The schedule amends the Acts it mentions. 3
62
Wild Rivers and Other Legislation Amendment Bill
2006
Schedule Consequential and minor 1
amendments 2
sections 2, 29, 40, 44, 46, 65, 67 and 85 3
Coastal Protection and Management Act 1995 4
1 Section 104A(5)-- 5
omit, insert-- 6
`(5) For the application, the assessment manager's and any 7
concurrence agency's decision must comply with the 8
applicable code mentioned in the wild river declaration for the 9
area.'. 10
2 Schedule, definition wild river area, `schedule 2'-- 11
omit, insert-- 12
`schedule'. 13
Fisheries Act 1994 14
1 Sections 76DA to 76DC, `Integrated Planning Act 1997'-- 15
omit, insert-- 16
`Planning Act'. 17
2 Sections 76DA(5), 76DB(5) and 76DC(5)-- 18
omit, insert-- 19
`(5) For the application, the assessment manager's and any 20
concurrence agency's decision must comply with the 21
applicable code mentioned in the wild river declaration for the 22
area.'. 23
63
Wild Rivers and Other Legislation Amendment Bill
2006
Schedule (continued)
3 Section 90(1)(d), `watercourse'-- 1
omit, insert-- 2
`waterway or lake'. 3
4 Section 90-- 4
insert-- 5
`(3) In this section-- 6
`lake see the Water Act 2000, schedule 4.' 7
5 Schedule, definition applicable code, `Integrated 8
Planning Act 1997'-- 9
omit, insert-- 10
`Planning Act'. 11
6 Schedule, definition wild river area, `schedule 2'-- 12
omit, insert-- 13
`schedule'. 14
Forestry Act 1959 15
1 Section 5, definitions wild river and wild river area, 16
`schedule 2'-- 17
omit, insert-- 18
`schedule'. 19
2 Section 5-- 20
insert-- 21
64
Wild Rivers and Other Legislation Amendment Bill
2006
Schedule (continued)
`wild river declaration see the Wild Rivers Act 2005, 1
schedule.'. 2
3 Sections 55(2) and 56(2A)-- 3
omit. 4
Fossicking Act 1994 5
1 Section 3-- 6
insert-- 7
`nominated waterway see the Wild Rivers Act 2005, 8
schedule.'. 9
2 Section 3, definition protected area, paragraph (b)(ii), 10
`watercourse or lake'-- 11
omit, insert-- 12
`nominated waterway'. 13
3 Section 3, definition wild river area, `schedule 2'-- 14
omit, insert-- 15
`schedule'. 16
65
Wild Rivers and Other Legislation Amendment Bill
2006
Schedule (continued)
Integrated Planning Act 1997 1
1 Section 3.4.4(5)(e), `section 71553'-- 2
omit, insert-- 3
`section 11241'. 4
2 Section 5.7.4(1)(h)(i), `section 8'-- 5
omit, insert-- 6
`section 86'. 7
3 Section 5.7.6(4), definition Queensland Development 8
Code, `section 5H'-- 9
omit, insert-- 10
`section 13'. 11
4 Section 6.1.54(7), `Despite section 3.5.35(2A), if'-- 12
omit, insert-- 13
`If'. 14
5 Schedule 8, part 1, table 2, item 8, `use against'-- 15
omit, insert-- 16
`use of premises against'. 17
6 Schedule 8A, authorising section-- 18
insert-- 19
`section 3.1.7'. 20
1 Local Government Act 1993, section 1124 (Notice of time share scheme to local
government)
66
Wild Rivers and Other Legislation Amendment Bill
2006
Schedule (continued)
7 Schedule 9, authorising section-- 1
insert-- 2
`section 3.1.2'. 3
8 Schedule 10, definition environmental nuisance-- 4
omit. 5
9 Schedule 10, definition notification period, first 6
occurring-- 7
omit. 8
10 Schedule 10-- 9
insert-- 10
`wild river high preservation area means a high preservation 11
area under the Wild Rivers Act 2005.'. 12
11 Schedule 10, definition specified activity, paragraph 13
(e)(ii), `Electricity Regulation 1994, section 14'-- 14
omit, insert-- 15
`Electricity Regulation 2006, section 17'. 16
12 Schedule 10, definitions wild river area and wild river 17
declaration, `schedule 2'-- 18
omit, insert-- 19
`schedule'. 20
67
Wild Rivers and Other Legislation Amendment Bill
2006
Schedule (continued)
Land Protection (Pest and Stock Route Management) 1
Act 2002 2
1 Schedule 3, definition wild river area, `schedule 2'-- 3
omit, insert-- 4
`schedule'. 5
Local Government Act 1993 6
1 Schedule 2, definition local government Act, paragraph 7
(d), `chapter 3'-- 8
omit, insert-- 9
`chapter 2A or 3'. 10
Mineral Resources Act 1989 11
1 Section 422, definition mining tenement-- 12
omit. 13
2 Schedule, definitions low impact activity and mining 14
tenement-- 15
omit. 16
3 Schedule-- 17
insert-- 18
`EIS means an environmental impact statement. 19
68
Wild Rivers and Other Legislation Amendment Bill
2006
Schedule (continued)
lake, for part 10A, see section 382. 1
limited hand sampling techniques, for part 10A, see section 2
382. 3
low impact activity-- 4
(a) for part 10A--see section 382; or 5
(b) for part 15--see section 482; or 6
(c) for part 16--see section 538. 7
mining tenement means a prospecting permit, mining claim, 8
exploration permit, mineral development licence or mining 9
lease. 10
nominated waterway, for part 10A, see section 382. 11
person, for part 10A, see section 382. 12
proposed wild river area, for part 10A, see section 382. 13
special agreement Act, for part 10A, see section 382. 14
watercourse, for part 10A, see section 382. 15
wild river area see the Wild Rivers Act 2005, schedule. 16
wild river declaration see the Wild Rivers Act 2005, schedule. 17
wild river high preservation area, for part 10A, see section 18
382. 19
wild river preservation area, for part 10A, see section 382.'. 20
Nature Conservation Act 1992 21
1 Schedule, definition wild river declaration, `schedule 2'-- 22
omit, insert-- 23
`schedule'. 24
69
Wild Rivers and Other Legislation Amendment Bill
2006
Schedule (continued)
State Development and Public Works Organisation 1
Act 1971 2
1 Schedule, definitions wild river area and wild river 3
declaration, `schedule 2'-- 4
omit, insert-- 5
`schedule'. 6
Vegetation Management Act 1999 7
1 Schedule, definitions wild river area and wild river 8
declaration, `schedule 2'-- 9
omit, insert-- 10
`schedule'. 11
Water Act 2000 12
1 Sections 55(2A) and 57(c)(ii), `section 14(1)(h) to (l)'-- 13
omit, insert-- 14
`section 14(1)(j) to (o)'. 15
2 Section 678(5), `, or a direction other than a joint direction 16
under section 677'-- 17
omit, insert-- 18
`or a direction'. 19
70
Wild Rivers and Other Legislation Amendment Bill
2006
Schedule (continued)
3 Section 678(6)-- 1
omit. 2
4 Section 678(7), `subsections (5) and (6)'-- 3
omit, insert-- 4
`subsection (5)'. 5
5 Section 678(7) to (10)-- 6
renumber as section 678(6) to (9). 7
6 Sections 966A(5) and 966B(5)-- 8
omit, insert-- 9
`(5) For the application, the assessment manager's and any 10
concurrence agency's decision must comply with the 11
applicable code mentioned in the wild river declaration for the 12
area.'. 13
7 Section 1046(8)-- 14
omit. 15
8 Schedule 4-- 16
insert-- 17
`nominated waterway see the Wild Rivers Act 2005, schedule. 18
residential complex see the Environmental Protection Act 19
1994, schedule 3.'. 20
9 Schedule 4, definitions wild river area and wild river 21
declaration, `schedule 2'-- 22
omit, insert-- 23
`schedule'. 24
71
Wild Rivers and Other Legislation Amendment Bill
2006
Schedule (continued)
Wild Rivers Act 2005 1
1 Section 3(3)(f) (previously section 5(3)(f) before 2
renumbering), `wild rivers' natural'-- 3
omit, insert-- 4
`wild river's natural'. 5
2 Section 5 (previously section 3 before renumbering), 6
`schedule 2'-- 7
omit, insert-- 8
`the schedule'. 9
3 Section 10(1), `subsections (2) to (5)'-- 10
omit, insert-- 11
`subsections (2) to (4)'. 12
4 Sections 13(2), 25(2) and 37(1), `section 14(1)(h) to (l)'-- 13
omit, insert-- 14
`section 14(1)(j) to (o)'. 15
5 Section 22, `section 10(2) to (5)'-- 16
omit, insert-- 17
`section 10(2) to (4)'. 18
6 Schedule, (previously schedule 2 before renumbering), 19
authorising provision, `section 3'-- 20
omit, insert-- 21
`section 5'. 22
© State of Queensland 2006
AMENDMENTS TO BILL
1
Wild Rivers and Other Legislation Amendment Bill
2006
Wild Rivers and Other Legislation
Amendment Bill 2006
Amendments agreed to during Consideration
1 Clause 27 (Insertion of new s 283)--
At page 19, lines 8 to 17--
omit, insert--
` `(3) If the provision does not comply with the acceptable solutions
for rainwater tanks under QDC, part 25, unless the provision
is earlier repealed, it expires on--
(a) if, before 1 July 2007, a day is prescribed under a
regulation--the prescribed day; or
(b) otherwise--1 July 2007.
`(4) The reference in subsection (3) to QDC, part 25 is a reference
to that part, as amended or replaced from time to time by any
amendment or replacement of it approved under section 13
after the commencement of this section.
`(5) This section applies despite sections 30 and 32.
`(6) In this section--'.
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