WATER ACT 2000 Reprinted as in force on 1 July 2009 Reprint No. 6G > TABLE OF PROVISIONS Contents CHAPTER 1--PRELIMINARY 1. Short title 2. Commencement 3. Definitions 4. Act binds all persons CHAPTER 2--ALLOCATION AND SUSTAINABLE MANAGEMENT Part 1--Preliminary 10. Purpose of ch 2 11. Meaning of principles of ecologically sustainable development 12. Advancing chapter's purpose Part 2--Water rights Division 1--Preliminary 19. Rights in all water vests in State 20. Authorised taking of water without water entitlement 21. Beds and banks forming boundaries of land are State property Division 2--Restrictions for emergencies and water shortages 22. Limiting or prohibiting taking, or interfering with, water during emergencies 23. Regulation may limit taking or interfering with water for 1 year 24. Limiting taking of water under s 20(3) 25. Limiting water taken under water licence, permit or allocation Division 2A--Other water supply emergencies Subdivision 1--Preliminary 25A. Meaning of water supply emergency Subdivision 2--Water supply emergency declaration and regulation 25B. Declaration of water supply emergency 25C. Contents of water supply emergency declaration 25CA. Amendment of water supply emergency declaration 25D. Measures mentioned in a water supply emergency declaration 25E. Requirement to comply with water supply emergency declaration 25F. Regulation about water supply emergency 25FA. Amendment of water supply emergency regulation 25G. Measures mentioned in a water supply emergency regulation 25H. Requirement to comply with water supply emergency regulation 25I. Approval of, or change to, response 25J. When water supply emergency ends Subdivision 3--Carrying out measures and achieving outcomes 25K. Supply arrangements 25L. Relationship with State Development and Public Works Organisation Act 1971 25M. Appointment of person to carry out measures or achieve outcomes 25N. Effect of appointee carrying out measures or achieving outcomes Subdivision 4--Recovery of costs 25O. Recovery of costs incurred 25P. Recovery of contributions by the State 25Q. Queensland Competition Authority Subdivision 5--Compensation 25R. Applying for compensation 25S. When compensation is not payable 25T. Requirement for further information 25U. Deciding application 25V. Notice about decision 25W. Protection of State and Minister from liability 25X. Protection of service provider from liability Subdivision 6--Review of division and regulation 25Y. Review of div 2A 25Z. Review of regulation Division 2B--Restrictions on use of subartesian water 25ZA. Application for approval to restrict use of subartesian water 25ZB. Deciding application 25ZC. Notice about decision to give approval 25ZD. Restriction of subartesian water by commission 25ZE. Restriction of subartesian water by water service provider Division 3--Other restrictions on taking or interfering with water 26. Moratorium notices 27. Application to vary effect of moratorium notice 28. Reviewing moratorium notices 29. Amending moratorium notices 30. Exceptions to ss 26 and 29 Part 3--Water planning Division 1--Preliminary 35. Information recording and planning 36. Obtaining water information 36A. Obtaining information from a service provider 37. Notice of works and water use Division 2--Water resource plans Subdivision 1--Preparing and approving water resource plans 38. Minister may prepare water resource plans 39. Minister must first prepare an information report 40. Public notice of proposal to prepare draft water resource plan 40A. Further public notice of proposal to prepare draft water resource plan 41. Community reference panels 46. Content of draft water resource plans 47. Matters the Minister must consider when preparing draft water resource plan 48. Overview report 49. Public notice about availability of draft water resource plan 49A. Minister may prepare further draft water resource plan 50. Preparing and approving final water resource plan 51. Minister must prepare report on consultation process 52. Public notice of intention not to proceed with making draft water resource plan Subdivision 2--Periodic reports and accountability matters 53. Minister must report on all water resource plans 54. Matters the reports must include Subdivision 3--Amending or preparing new, water resource plans 55. When water resource plans may be amended or replaced 56. Preparing amending or new draft water resource plan 57. Minor or stated amendments of water resource plan Subdivision 4--General 58. No regulatory impact statement for water resource plans Division 3--Managing water use Subdivision 1--Preliminary 59. Purpose of div 3 Subdivision 2--Preparing and approving water use plans 60. Minister may prepare water use plans 61. Public notice of proposal to prepare draft water use plan 62. Content of draft water use plans 63. Matters the Minister must consider when preparing draft water use plan 64. Public notice about availability of draft water use plan 65. Preparing and approving final draft water use plan 66. Public notice of content of water use plan 67. Public notice of intention not to proceed with making of draft water use plan Subdivision 3--Amending or preparing new, water use plans 68. When water use plans may be amended or replaced 69. Preparing amending or new draft water use plan 70. Minor or stated amendments of water use plan 71. No regulatory impact statement for water use plans Subdivision 4--Preparing and approving land and water management plans 72. Preparing guidelines for preparing land and water management plans 73. Requirement for land and water management plans 74. Applying for approval of land and water management plans 75. Additional information may be required 76. Criteria for deciding application for approval of land and water management plan 77. Deciding application for approval of land and water management plan Subdivision 5--Amending land and water management plans 78. Amending land and water management plans 78A. Minor or stated amendments of land and water management plan Subdivision 6--Deferring requirement for approved land and water management plans 79. Applying to defer requirement for an approved land and water management plan 80. Additional information may be required 81. Criteria for deciding application to defer requirement for an approved land and water management plan 82. Deciding application to defer land and water management plan requirements Part 4--Implementing water resource plans Division 1--Preliminary 94. Purpose of pt 4 Division 2--Resource operations plans Subdivision 1--Preparing and approving resource operations plans 95. Chief executive may prepare resource operations plans 96. Public notice of proposal to prepare draft resource operations plan 97. Notice of proposal to water infrastructure operators 98. Content of draft resource operations plan 99. Matters the chief executive must consider when preparing draft resource operations plan 100. Public notice about availability of draft resource operations plan 101. Additional requirements for notices for draft resource operations plans that establish water allocations 102. Reviewing submissions about draft resource operations plan 103. Preparing and approving final draft resource operations plan 104. Public notice of intention not to proceed with making of draft or final draft resource operations plan 104A. Public notice of intention not to amend to provide for deferred aspect 104B. Public access to particular notices Subdivision 2--Amending resource operations plans 105. General provision for amending resource operations plan 105A. Amendment to provide for deferred aspect 106. Minor or stated amendments of resource operations plan Division 3--Resource operations licences and distribution operations licences Subdivision 1--Granting resource operations licences and distribution operations licences 107. Effect of resource operations plan 107A. Authority to interfere with water 108. Granting resource operations licences and distribution operations licences Subdivision 1A--Granting distribution operations licences other than under a resource operations plan 108A. Applying for a distribution operations licence other than under a resource operations plan 108B. Additional information may be required 108C. Deciding application for distribution operations licence Subdivision 2--Content and conditions of resource operations licences and distribution operations licences 109. Content of resource operations licence or distribution operations licence 110. Conditions of resource operations licence or distribution operations licence Subdivision 3--Amending resource operations licences and distribution operations licences 111. Amending a licence for consistency with a plan 111A. Amending a licence under a plan process 112. Other amendments chief executive may make to licence 113. Minor, stated or agreed amendments of licence Subdivision 4--Transferring or amalgamating resource operations licences and distribution operations licences 114. Applying for transfer of licence 115. Additional information may be required 116. Deciding application to transfer licence 117. Approving application to transfer licence 118. Refusing application to transfer licence 118A. Amalgamating licences Subdivision 5--Cancelling resource operations licences and distribution operations licences 119. Cancelling licence 119A. Procedure for cancelling licence 119B. Cancelling licence no longer required Subdivision 6--Audit reports 119C. Preparing regular audit reports 119D. Access for conducting audit reports Division 4--Water allocations Subdivision 1--Preliminary 120B. Meaning of volumetric limit for div 4 Subdivision 1A--Converting water entitlements and granting water allocations 121. Converting water entitlements 122. Granting water allocations 122A. Chief executive may approve standard supply contracts 123. Relationship between plans and water allocation 124. Security for supply and storage of water allocation 125. Amending water allocations 126. Correcting water allocation when recording granting or amendment 127. Registration details for water allocations 127A. Conditions of a water allocation 127B. Water allocations to which a distribution operations licence applies 127C. Preservation of obligation in particular circumstances Subdivision 2--Dealings with water allocations 128. Meaning of change to a water allocation 128A. Amalgamation or subdivision of water allocations 128B. Transfers or leases of water allocations 129. Changing water allocations permitted under water allocation change rules 129A. Changing water allocations assessed under water allocation change rules 130. Other changes to water allocations 131. Additional information may be required 132. Public notice of application to change water allocation 133. Applicant to pay cost of researching and investigating application 134. Deciding application to change water allocation 135. Registering approved application to change water allocation 138. Water allocations may be forfeited 139. Dealing with water allocations granted or dealt with through fraud 140. Priority for applying proceeds of sale of water allocations under a power of sale Division 5--Seasonal water assignments of water allocations Subdivision 1--Allocations not managed under a resource operations licence 141. Application of sdiv 1 142. Applying for a seasonal water assignment 143. Additional information may be required 144. Deciding application for seasonal water assignment 145. Conditions of seasonal water assignment 146. Application of s 243 Subdivision 2--Allocations managed under a resource operations licence 146A. Application of sdiv 2 146B. Arrangements for seasonal water assignments Division 6--Registering interests and dealings for water allocations 147. Registrar 148. Water allocations register 149. Form of register 150. Interests and dealings that may be registered 150A. Effect on priority of notices given under s 101(1)(b) 150B. Effect on priority of notices given under s 101(1)(c) 151. Application of Land Title Act 1994 to water allocations register 152. Application of other Acts to the water allocations register 153. Searching water allocations register 154. Displacement provision for Corporations legislation Part 5--Interim allocation and management arrangements Division 1--Preliminary 167. Purpose of pt 5 Division 2--Interim resource operations licences Subdivision 1--Preliminary 167A. Authority to interfere with water Subdivision 1A--Granting interim resource operations licences for existing operations 168. Who must apply for an interim resource operations licence 169. Applying for interim resource operations licence 170. Additional information may be required 171. Notice of application for interim resource operations licence 172. Conference may be called about application 173. Chief executive must make proposed decision 174. Notice of proposed decision 175. Deciding application for interim resource operations licence Subdivision 2--Granting interim resource operations licences for proposed operations 176. Granting interim resource operations licences Subdivision 3--Content and conditions of interim resource operations licences 177. Content of interim resource operations licences 178. Conditions of interim resource operations licence Subdivision 4--Amending interim resource operations licences on application of licence holder 179. Applying to amend an interim resource operations licence 180. Additional information may be required 181. Public notice of application to amend interim resource operations licence 182. Matters chief executive must consider when deciding applications 183. Deciding application to amend an interim resource operations licence Subdivision 5--Amending interim resource operations licences by chief executive 184. Amending interim resource operations licences on notice 184A. Amending an interim resource operations licence to meet future water requirements 185. Minor amendment of interim resource operations licence Subdivision 5A--Other amendments to interim resource operations licences 185A. Amending interim resource operations licences Subdivision 6--Transferring and cancelling interim resource operations licences 186. Transferring or cancelling interim resource operations licence Subdivision 7--Audit reports 186A. Preparing regular audit reports 186B. Access for conducting audit reports Division 3--Interim water allocations Subdivision 1--Interim water allocations managed through existing water infrastructure 187. Granting interim water allocations 188. Existing supply arrangements taken to be supply contracts Subdivision 2--Interim water allocations to be managed through new infrastructure 189. Granting interim water allocations Subdivision 3--Contents and conditions of interim water allocations 190. Contents of interim water allocation 191. Conditions of interim water allocation Subdivision 4--Dealing with interim water allocations 192. Dealing with an interim water allocation 193. Transferring particular interim water allocations 194. Deciding application to transfer particular interim water allocation 195. Transferring interim water allocations to other land 196. Forfeiting an interim water allocation 197. Surrendering an interim water allocation 198. Effect of disposal of part of land to which interim water allocation attaches 198A. Effect of acquisition of land to which interim water allocation attaches 199. Effect of acquisition of part of land adjoining a watercourse, lake or spring 199A. Effect of acquisition of part of land above an aquifer 199B. Effect of acquisition of part of other land Subdivision 5--Seasonal water assignments of interim water allocations 200. Arrangements for seasonal water assignments Subdivision 6--Interim water allocations for Julius Dam water supply scheme 201. Granting interim water allocations Part 6--Water licences and permits Division 1--Preliminary 203. Definitions for pt 6 204. Purpose of pt 6 205. Decisions to be in accordance with plans and declaration Division 2--Water licences Subdivision 1--Granting water licences 206. Applying for a water licence 206A. Additional requirements for application by petroleum tenure holder 207. Additional information may be required 208. Public notice of application for water licence 209. Applications that may be decided without public notice 210. Criteria for deciding application for water licence 211. Deciding application for water licence 211A. Effect of disposal of part of land to which application for water licence relates 212. Granting a water licence under a plan or declaration process 212A. Applying for transmission water licence Subdivision 2--Contents and conditions of water licences 213. Contents of water licence 214. Conditions of water licence 215. Where water under certain licences must be used Subdivision 3--Amending water licences 216. Amending water licence on application of licensee 216A. Amending water licence without public notice 217. Amending water licence to implement water resource plan 218. Other amendments chief executive may make to water licence 219. Minor or stated amendments of water licence Subdivision 4--Other dealings with water licences 220. Renewing water licence 221. Reinstating expired water licence 222. Transferring water licence to another person 223. Other transfer of water licence 224. Amalgamating water licences 225. Subdividing water licence 226. Surrendering water licence 227. Cancelling water licence Subdivision 5--Effects of land dealings on water licences 228. Effect of licensee ceasing to be an owner of land 229. Effect of disposal of part of land to which water licence to take water attaches 229A. Effect of disposal of part of land to which water licence to interfere with water attaches Subdivision 6--Effects of acquisition of land on water licences 229B. Application of sdiv 6 229C. Effect of acquisition of part of land adjoining a watercourse, lake or spring 229D. Effect of acquisition of part of land above an aquifer 229E. Effect of acquisition of part of other land Division 3--Seasonal water assignment of water licences 230. Application of div 3 231. Applying for seasonal water assignment 232. Additional information may be required 233. Deciding application for seasonal water assignment 234. Effect of approval on water licence 235. Conditions of seasonal water assignment 236. Application of ss 25, 243 and 244 Division 4--Water permits 237. Applying for water permit 238. Additional information may be required 239. Criteria for deciding application for water permit 240. Deciding application for water permit 241. Contents of water permit 242. Conditions of water permit 243. Surrendering water permit 244. Cancelling water permit Division 5--General 245. Replacing lost or destroyed water licence or permit Part 7--Catchment areas 258. Declaring catchment areas 259. Regulating land use in catchment area Part 8--Riverine protection Division 1--Granting permits for destroying vegetation, excavating or placing fill in a watercourse, lake or spring 266. Applying for permit to destroy vegetation, excavate or place fill in a watercourse, lake or spring 267. Additional information may be required 268. Criteria for deciding application for a permit to destroy vegetation, excavate or place fill in a watercourse, lake or spring 269. Deciding application for permit to destroy vegetation, excavate or place fill in a watercourse, lake or spring Division 2--Dealings with permits to destroy vegetation, excavate or place fill in a watercourse, lake or spring 270. Amending conditions or cancelling permit 271. Deciding whether to proceed with proposed cancellation or amendment 272. Immediate suspension of permit in exceptional circumstances Division 3--Notices 273. Notice to owner of land to remove vegetation etc. Part 9--Quarry materials Division 1--Preliminary 279. Ownership and management of certain quarry material Division 2--Granting and selling allocations of quarry material 280. Applying for allocation of quarry material 281. Additional information may be required 282. Criteria for deciding application for allocation of quarry material 283. Deciding application for allocation of quarry material 284. Selling allocation of State quarry material by auction or tender Division 3--Content and conditions of allocation notices 285. Content of allocation notices 286. Conditions of allocation notices 287. Financial assurance for allocation of quarry material Division 4--Dealings with allocations of quarry material 288. Transferring allocation of quarry material 289. Renewing allocations of quarry material 290. Amending, suspending or cancelling allocation notice 291. Deciding whether to proceed with proposed amendment, suspension or cancellation of allocation notice Division 5--General 292. Royalty or price for State quarry material Part 10--Water bore drillers Division 1--Granting water bore driller's licences 299. Applying for water bore driller's licence 300. Additional information may be required 301. Deciding application for water bore driller's licence 302. Conditions of water bore driller's licence Division 2--Dealings with water bore driller's licences 304. Applying to amend water bore driller's licence 305. Giving show cause notice about proposed amendment of water bore driller's licence 306. Deciding proposed amendment of water bore driller's licence 307. Minor or stated amendments of water bore driller's licence 308. Renewing water bore driller's licence 308A. Reinstating expired water bore driller's licence 309. Suspending water bore driller's licence 310. Cancelling water bore driller's licence Division 3--General 311. Production of licence to authorised officer 312. Failure to return suspended, cancelled or expired licence 313. Records of water bores drilled 314. Replacing lost or destroyed water bore driller's licence Part 11--Operations licence Division 1--Preliminary 326. Purpose of pt 11 327. Application of pt 11 Division 2--Granting operations licences 328. Applying for operations licence 329. Additional information may be required 330. Criteria for deciding application for operations licence 331. Deciding application for operations licence 332. Conditions of operations licence Division 3--Dealings with operations licences 333. Amending operations licences on application of licensee 334. Giving show cause notice about proposed amendment of operations licence 335. When chief executive must amend operations licence 336. Minor amendment of operations licence 337. Transferring operations licence 338. Surrendering operations licence 339. Cancelling operations licence CHAPTER 2A--WATER SUPPLY AND DEMAND MANAGEMENT Part 1--Preliminary 340. Main purpose of ch 2A and its achievement 341. What is the SEQ region Part 2--Queensland Water Commission Division 1--Establishment 342. Establishment of commission 343. Commission represents the State 343A. Commission not generally subject to direction 344. Application of other Acts Division 2--Functions and powers 345. Main functions of commission 346. Principles for performing functions 347. General powers Division 3--Membership 348. Membership of commission 348A. Appointment of commissioner 349. Eligibility for appointment 350. Duration of appointment 351. Terms and conditions of appointment 352. Resignation 353. Termination of appointment 354. Conflicts of interest 355. Acting commissioner Division 4--Records of decisions 356. Records required Division 5--Staff and other assistance to commission 360B. Commission's staff 360C. Advisory bodies Division 6--Standing and other references 360D. Standing references 360E. Other references Division 7--Funding for commission's functions 360F. Annual levy Part 3--Water security planning Division 1--Preliminary 360G. Purpose of pt 3 Division 2--Regional water security options 360H. Application of div 2 360I. Advice to Minister on options 360J. Content of options 360K. Consultation Division 3--Regional water security program 360M. Ministerial response to commission's advice 360N. Effect of program for Integrated Planning Act 1997 Part 4--Facilitation of regional water security programs 360O. Application of pt 4 360P. Status of works for State Development and Public Works Organisation Act 1971 360Q. Designation of preferred entity for works or sewerage Part 5--Implementation of and compliance with regional water security programs Division 1--Program implementation 360R. Commission's role 360S. Review and compliance reports 360T. Information may be required from water service providers Division 2--System operating plans Subdivision 1--Making system operating plans 360U. Application of sdiv 1 360V. Commission to make system operating plan for region 360W. Content of plan 360X. Consultation for plan 360Y. Publication and taking effect of plan Subdivision 2--Amendment of system operating plans 360Z. Amendment of plan Subdivision 3--Compliance with system operating plans 360ZA. Particular entities must comply with system operating plan 360ZB. Publication requirements 360ZC. Derivative use immunity for compliance with publication requirement Subdivision 4--Spot audit reports 360ZCAA.Spot audit by commission 360ZCAB.Requirement to comply with plan and provision for cost of report 360ZCAC.Access for conducting audit reports Division 3--Water efficiency management plans 360ZCA. Purpose and application of division 360ZCB. When water efficiency management plan may be required 360ZCC. Content of water efficiency management plan 360ZCD. Approving water efficiency management plan 360ZCE. Complying with water efficiency management plan 360ZCF. Reporting under water efficiency management plan 360ZCG. Amending or replacing water efficiency management plan by commission direction 360ZCH. Amending or replacing water efficiency management plan by water service provider direction 360ZCI. Amending or replacing water efficiency management plan by request 360ZCJ. Notice to comply with water efficiency management plan 360ZCK. Reviewing water efficiency management plans Part 5A--The market Division 1--Preliminary 360ZCL. What is the market 360ZCM. Operation of market Division 2--Declaration of water services Subdivision 1--Recommendation by commission for water service declaration 360ZCN. Requests about water service declarations 360ZCO. Making recommendation 360ZCP. Recommendation without request 360ZCQ. Factors affecting making of recommendation Subdivision 2--Declaration by Minister 360ZCR. Making water service declaration 360ZCS. Factors affecting making of water service declaration 360ZCT. Content of water service declaration 360ZCU. When water service declaration takes effect Subdivision 3--Register 360ZCV. Register of water service declarations 360ZCW. Declarations register to be available for public inspection Division 3--South East Queensland Water Market Rules Subdivision 1--Making market rules 360ZCX. Market rules 360ZCY. Content of market rules 360ZCZ. When market rules take effect 360ZDA. Tabling of market rules 360ZDB. Public notification of market rules 360ZDC. Review of market rules Subdivision 2--Grid contract documents and registered grid participants 360ZDD. Grid contract document 360ZDE. Effect of grid contract document Subdivision 3--Registered grid participants 360ZDF. Registration process provided in market rules 360ZDG. Relationship between water grid manager and registered grid participants 360ZDH. Transfer of registration Subdivision 4--Liability of registered grid participants and water grid manager 360ZDI. Limited liability of grid participants Subdivision 5--Offences relating to market rules 360ZDJ. Compliance with market rules Division 4--Transfer of particular authorities 360ZDK. Definitions for div 4 360ZDL. Application of div 4 360ZDM. The transfer scheme 360ZDN. Transfer notice 360ZDO. Process after transfer notice 360ZDP. Continuing authorities 360ZDQ. References in supply agreements to particular transferring entities Part 6--Restriction of water supply by commission 360ZD. Restricting water supply 360ZE. Notice of commission water restriction must be given 360ZF. Relationship with service provider water restrictions 360ZG. Delegation of particular functions for commission water restrictions Part 7--Minister's reserve power 360ZH. Public interest directions for commission's non-advisory functions 360ZI. Relationship with other instruments under Act CHAPTER 4--WATER AUTHORITIES Part 1--Preliminary 542. Purposes of ch 4 Part 2--Establishing water authorities Division 1--General 548. Establishing water authorities 549. Categories of water authorities 550. Water authority is a body corporate etc. 551. Application of particular Acts to a water authority Division 2--Procedure 552. Public notice of proposal to establish a water authority 553. Considering submissions on establishment proposal 554. Changing, and republishing, establishment proposal 555. Considering submissions on changed establishment proposal 556. Amending establishment regulation 557. Considering submissions on amending establishment regulation Part 3--Functions and powers of water authorities Division 1--Functions 569. Main function of water authority 570. Other functions of water authority 571. Establishment as a water authority is not a right to water entitlement or resource operations licence Division 2--Powers Subdivision 1--Rates and charges 572. Power to make and levy rates and charges 573. Exemption from rates 574. Interest on overdue rates and charges 575. Discount for payment of rates and charges 576. Recovering rates and charges Subdivision 2--Taking land 577. Power to take land 578. Purposes for which land may be taken Subdivision 3--General 579. Delegation Division 3--Reporting requirements 580. Notice of proposed significant action 581. Minister may require information 582. Statement of operations 583. Identification and disclosure of cross-subsidies Division 4--Work performance arrangements 584. Water authority may enter into work performance arrangements Division 5--Water authority officers' duties and responsibilities 585. Duties and liabilities of water authority officers Part 4--Board of directors Division 1--Appointment etc. of board of directors 597. Board of directors 598. Composition of board for water authorities 598A. Changing the composition of a board 599. Composition of board for Gladstone Area Water Board 600. Appointment 601. Chairperson 602. Administration of water authority 603. Eligibility for appointment as director 603A. Investigations about eligibility for appointment 603B. Criminal history is confidential document 604. Term of office for directors of water authorities other than Gladstone Area Water Board 605. Term of office for directors of Gladstone Area Water Board 606. Resignation 607. Termination of appointment as director 608. Casual vacancy 609. Removal of board Division 2--Directors' duties 610. Disclosure of interests 611. Declaration about duty to act in authority's interest 612. Prohibition on loans to directors 613. Water authority not to indemnify officers 614. Water authority not to pay premiums for particular liabilities of officers 615. Director's duty to prevent insolvent trading 616. Court may order compensation 617. Examination of persons concerned with water authorities 618. Power to grant relief 619. False or misleading information or documents Division 3--Board proceedings 620. Time and place of meetings 621. Conduct of proceedings 622. Participation in meetings by telephone etc. 623. Minutes Division 4--Directors' fees and allowances 624. Fees and allowances Part 4A--Employing offices for water authorities Division 1--Establishment and functions of employing offices for water authorities 625. Establishment of employing office for water authority 626. Employing office for water authority represents the State 627. Functions of employing office for water authority Division 2--Executive officer 628. Appointment of executive officer 629. Executive officer acting for employing office of water authority Division 3--Staff of employing offices for water authorities 630. Employing office for water authority may employ staff 631. Employing office for water authority may enter into work performance arrangements Division 4--Other provisions 632. Employing office for water authority is statutory body Part 5--Category 1 water authority matters Division 1--Commercialising category 1 water authorities Subdivision 1--Preliminary 637. Meaning of commercialisation 638. Key commercialisation principles Subdivision 2--Category 1 water authorities subject to commercialisation 639. Category 1 water authorities subject to commercialisation 640. Key objectives of category 1 water authority Division 2--Commercialisation charter for category 1 water authorities 641. Preparing commercialisation charter 642. Content of commercialisation charter 643. Compliance with commercialisation charter 644. Expiry of commercialisation charter Division 3--Corporate plan for category 1 water authorities 645. Category 1 water authority must have corporate plan 646. Guidelines for corporate plans 647. Draft corporate plan 648. Special procedures for draft corporate plan 649. Corporate plan on agreement 650. Corporate plan pending agreement 651. Modifying corporate plan Division 4--Performance plan for category 1 water authorities 652. Category 1 water authority must have performance plan 653. Content of performance plan 654. Preparing draft performance plan 655. Special procedures for draft performance plan 656. Performance plan on agreement 657. Performance plan pending agreement 658. Modifying performance plan Division 5--Tax equivalents manual for category 1 water authorities 659. Treasurer may issue tax equivalents manual Division 6--Dividends payable by category 1 water authorities 660. Payment of dividends 661. Interim dividends 662. Dividend payment for financial year in which water authority becomes a category 1 water authority 663. Interim dividend for financial year in which water authority becomes a category 1 water authority Part 6--Reserve powers of Minister and Treasurer 675. Minister's power to notify water authority of public sector policies 676. Minister's power to give directions in public interest 678. Notice of suspected insolvency because of notice or direction Part 7--Amalgamating, dissolving and transferring functions of water authorities and authority areas Division 1--Amalgamating or dissolving water authorities and authority areas 690. Amalgamating water authorities and authority areas 691. Dissolution of water authority and authority area 692. Public notice of proposed amalgamation or dissolution 693. Content of notice of proposed amalgamation or dissolution 694. Considering submissions on proposed amalgamation or dissolution 695. Water authority may request its dissolution 696. Procedure before authority is dissolved to convert to alternative institutional structures 697. Recovering amalgamation or dissolution costs Division 2--Transferring water authority's functions to local government 698. Water authority and local government must agree to proposed transfer 699. Joint report to Minister 700. Transferring functions Division 3--Effect of amalgamating, dissolving, converting to alternative institutional structure and transferring functions 701. Definitions for div 3 701A. Notification for conversion to 2 or more alternative institutional structures 702. Vesting of assets, rights and liabilities 703. Continuing legal proceedings 704. Existing employees 705. State undertakes non-transferable civil liability Part 8--Miscellaneous 717. Recovering water authority's establishment costs CHAPTER 5--INVESTIGATIONS, ENFORCEMENT AND OFFENCES Part 1--Investigation matters Division 1--Authorised officers 739. Appointment and qualifications of authorised officers 740. Functions and powers of authorised officers 741. Conditions of appointment of authorised officers 742. Authorised officer's identity card 743. Failure to return identity card 744. Producing or displaying identity card Division 2--Powers of entry of authorised officers 745. Definition for div 2 746. Power to enter land to monitor compliance 747. Power to enter land in relation to information collection 748. Power to enter land to search for unauthorised activities 749. Power to enter places for other purposes Division 3--Procedure for entry 750. Entry with consent 751. Applying for warrant 752. Issue of warrant 753. Special warrants 754. Warrants—procedure before entry Division 4--Powers of authorised officers after entering a place 755. General powers after entering places 756. Failure to help authorised officer 757. Failure to give information Division 4A--Power to seize evidence 757A. Seizing evidence 757B. Securing seized things 757C. Tampering with seized things 757D. Powers to support seizure 757E. Receipts for seized things 757F. Forfeiture by authorised officer 757G. Forfeiture on conviction 757H. Dealing with forfeited things 757I. Return of seized things 757J. Access to seized things Division 5--Power to obtain information 758. Power to require name and address 759. Failure to give name or address 760. Power to require production of documents 761. Failure to certify copy of document 762. Failure to produce document 763. Power to require information Division 6--Compensation for damage caused when exercising power 764. Giving notice of damage 765. Compensation for damage Division 7--Obtaining criminal history reports 766. Purpose of div 7 767. Chief executive's power to obtain criminal history report 768. Criminal history is confidential document Part 2--Enforcement matters Division 1--Show cause and compliance notices 778. When regulator may give a show cause notice 779. General requirements for show cause notices 780. Who may give a compliance notice 781. General requirements for compliance notices 782. Compliance with compliance notice 783. Chief executive may take action and recover costs Division 2--Enforcement orders 784. Proceeding for orders 785. Proceeding brought in a representative capacity 786. Making interim enforcement order 787. Proceeding for enforcement order without notice 788. Making enforcement order 789. Effect of orders 790. Court's powers about orders 791. Contributing to cost of bringing proceeding Division 3--Costs for proceedings under division 2 792. Parties to pay own costs for proceedings Part 3--Offences Division 1--Offences for chapter 2 808. Unauthorised taking, supplying or interfering with water 809. Using water contrary to water use plan 810. Using water contrary to approved land and water management plan 811. Tampering with devices 812. Contravening conditions of water entitlement, seasonal water assignment notice or water permit 812A. Liability for unauthorised taking of water 812B. Notice accompanying complaint or summons 813. Contravening licence condition 814. Destroying vegetation, excavating or placing fill without permit 815. Removing quarry material 816. Unauthorised water bore activities 817. Contravening requirements for mining and petroleum drilling 818. Contravening condition of water bore driller's licence 819. False or misleading advertising 820. Taking water without operations licence Division 3--General offences 825. False or misleading statements 826. False or misleading documents 827. Obstructing and impersonating authorised officers 828. Executive officers must ensure corporation complies with Act CHAPTER 6--REVIEWS AND APPEALS Part 1--Interpretation 851. Who is an interested person Part 2--Internal review of decisions 861. Appeal process starts with internal review 862. Who may apply for internal review 863. Applying for an internal review 864. Review decision 865. Stay of operation of original decision Part 3--Appeals 877. Who may appeal 878. Starting an appeal 879. Staying operation of review decision 880. Hearing procedures 881. Assessors 882. Powers of court on appeal CHAPTER 7--LEGAL PROCEEDINGS Part 1--Evidence 918. Application of pt 1 919. Appearance 920. Appointments and authority 921. Evidentiary aids Part 2--Proceedings 931. Proceedings for offences 932. Who may bring proceedings for offences 933. Proceeding brought in a representative capacity 934. Magistrates Court may make orders 935. Costs involved in bringing proceeding 936. Responsibility for acts or omissions of representatives CHAPTER 8--MISCELLANEOUS Part 1--Appointment of administrator 955. Governor in Council may appoint administrator to operate infrastructure 956. Effect of administrator operating infrastructure 959. Displacement provision for Corporations legislation Part 2--Relationship with Integrated Planning Act 1997 966. Additional criteria for assessing development applications 966A. Applications in relation to operational work in wild river areas 966B. Applications in relation to interfering with overland flow water in wild river areas 966C. Applications in relation to removal of quarry material in wild river areas 967. IPA approval for development is subject to approval under this Act 968. Chief executive may direct works to be modified or removed 968A. Chief executive may give directions about removal of quarry material 969. Development applications for the removal of quarry material 970. Allocation of quarry material is subject to IPA approval 972. When an applicant may appeal to the Land Court Part 2A--Installing, maintaining and reading meters 973. Appointment and qualifications of metering contractors 974. Metering contractor's identity card 975. Failure to return identity card 976. Producing or displaying identity card 977. Power to enter places for stated purposes 978. Obstructing metering contractors 979. Giving notice of damage 980. Compensation for damage Part 3--Compensation 984. Definitions for pt 3 985. Application of pt 3 986. Compensation for reduced value of entitlement to water 987. Limiting compensation for reduced value of entitlement to water 988. Time limits for claiming compensation 989. Time limits for deciding and advising on claims 990. Deciding claims for compensation 991. Calculating reasonable compensation involving changes 992. When compensation is payable Part 3A--Authority held by Mount Isa Mines Limited 992A. Authority held by Mount Isa Mines Limited under special agreement Act Part 3B--SEQ Water 992B. Application of pt 3 992C. Requirement for supply contract 992D. Chief executive may approve standard supply contract 992E. Customer of a service provider 992F. Cost of installing and maintaining meters Part 4--Provisions about the corporatised entity 993. Power to collect drainage rates 994. Exemption from drainage rates 995. Interest on overdue drainage rates 996. Discount for payment of drainage rates 997. Recovering drainage rates 999. Minister's and Treasurer's power to give joint directions to corporatised entity Part 4A--Private water supply agreements for former water areas 1000. Entering private water supply agreements 1001. Registration of private water supply agreement 1002. When agreement has effect 1003. Amending a private water supply agreement 1003A. Chief executive may approve standard agreement Part 5--General provisions 1004. Referral panels established by the chief executive 1004A. Referral panels established by the Minister 1005. Advisory councils 1006. Declarations about watercourses 1007. Records to be kept in registries 1009. Public inspection and purchase of documents 1010. Protecting officials from liability 1010A. Non-disclosure of commercially sensitive information 1011. Delegation by Minister 1012. Delegation by chief executive 1013. Approved forms 1013A. Fees and charges payable to the chief executive 1013B. Non-payment of fees or charges 1013C. Floodplain management areas 1013D. Minister's and Treasurer's power to give joint directions to new water entities 1014. Regulation-making power Part 6--Murray-Darling Basin 1015. Particular documents to be tabled in the Legislative Assembly CHAPTER 9--TRANSITIONAL PROVISIONS AND REPEALS Part 1--Transitional provisions for allocation and sustainable management 1037. Local government authorities 1037A. Other continuing authorities 1038. Approved water management plans 1039. Proposed water management plans 1040. Draft water management plans 1041. Completed water allocation and management plans 1042. Proposed water allocation and management plans and flow management plans 1043. Draft water allocation and management plans 1044. Draft water management plan (Boyne River) 1045. Proposed water management plan (Atherton subartesian area) 1045A. Burnett Basin final draft resource operations plan 1046. Declared subartesian areas 1047. Existing land and water management plans 1048. Existing applications 1048A. Existing licences, permits and approvals 1048B. Existing trade waste approvals 1049. Existing applications about water in irrigation or project areas 1050. Existing applications for approval under s 231 of the repealed Act (not in irrigation or project areas) 1051. Applications before commencement of ch 2, pt 6 to add land to a licence under the repealed Act 1052. Applications before commencement of ch 2, pt 6 about water to which a plan under chapter 2, part 3 applies 1053. Applications before commencement of ch 2, pt 6 for approval under s 231 of the repealed Act 1055. Certain dealings with water licences until 19 April 2007 1056. Application of repealed Act to interim water allocations until ch 2, pt 6 commences 1057. Reinstating particular expired licences 1058. Reinstating particular expired licences in former water areas Part 2--Transitional provisions for service providers, service areas, failure impact assessing of dams and flood mitigation Division 1--Service providers and service areas 1060. Registration of existing local governments, water authorities or other persons as service providers 1061. Service provider obligations for existing local governments, water authorities or other persons 1062. Water for fire fighting purposes 1063. Water or sewered areas 1064. Local governments to be service providers for service areas Division 2--Failure impact assessing for dams Subdivision 1--Hazardous dams 1065. Application of sdiv 1 1065AA. Additional ground for amending safety condition of environmental authority 1065A. Transitional provision for dams containing hazardous waste Subdivision 2--Other dams 1065AB. Application of sdiv 2 1066. Application of ch 3, pt 6, div 1 to other dams 1067. Failure impact assessing existing unlicensed dams 1068. Failure impact assessing prescribed licensed dams 1069. Failure impact assessing licensed dams not prescribed 1070. Failure impact assessing small licensed dams Division 3--Flood mitigation 1071. Existing flood mitigation manuals Part 3--Transitional provisions for water authorities 1083. Continuing former water areas and former water boards—general 1083A. Former water areas without water boards 1084. Continuing Gladstone Area Water Board 1085. Members of boards of former water boards, other than Gladstone Area Water Board 1086. Members of board of Gladstone Area Water Board 1087. Existing employees of former water boards 1088. Authorised works in former water areas 1089. Existing authorities to take, or interfere with, water 1089A. Conversion of existing authorities to take water 1090. Existing contracts to supply water under GAWB Act 1091. References to former water areas and former water boards 1092. Existing regulations and notices Part 4--Transitional provisions about State Water Projects and its customers Division 1--State Water Projects before corporatisation 1107. Application of s 4 for State Water Projects 1108. Delegated powers taken to have been validly exercised Division 2--State Water Projects after corporatisation Subdivision 1--Preliminary 1109. Definitions for div 2 1110. Application of div 2 Subdivision 2--Granting interim resource operations licences and interim water allocations 1111. Granting interim resource operations licence to corporatised entity 1112. Granting water entitlements to corporatised entity 1113. Granting interim water allocations to customers under interim resource operations licences 1114. Authorities under part 4 or 9 of the repealed Act 1115. Review of grant of interim water allocation Subdivision 3--Supply contracts 1116. Minister must approve standard supply contracts 1117. Supply under written agreements or orders in council 1117A. When conditions of supply contract do not apply 1118. Application of Water Resources (Rates and Charges) Regulation 1992 1121. Application of powers until interim resource operations licences are granted Subdivision 4--Amending interim resource operations licences 1122. Amending interim resource operations licence for Barker Barambah water supply scheme Part 5--General Division 1--Miscellaneous 1129. References in Acts and documents 1133. References to water in a watercourse or lake 1134. Burnett Basin draft resource operations plan 1135. Existing authorities for s 1113 1135A. Validation of particular decisions Division 2--Transitional provision for Water and Other Legislation Amendment Act 2003 1136. Transitional provision for the Water and Other Legislation Amendment Act 2003 Division 3--Transitional provision for Petroleum and Other Legislation Amendment Act 2004 1136A. Transitional provision for the Petroleum and Other Legislation Amendment Act 2004 Division 4--Transitional provision for Water and Other Legislation Amendment Act 2005 1136B. Notices given under s 101(1)(b) and (1)(c) 1136C. Effect of disposal of part of land to which interim water allocation attaches 1136D. Effect of acquisition of part of land to which interim water allocation attaches 1136E. Condition about measuring device not effective 1136F. Submitting system leakage management plans for approval 1136G. Submitting drought management plan for registration 1136H. Interest payable under section 1013A Division 5--Transitional provisions for Water Amendment Act 2005 1137. Declaration for section 999 1138. Validity of amending moratorium notice not affected 1139. Waiver of water meter charges Division 6--Transitional provisions for Water Amendment Act 2006 1140. Definitions for div 6 1141. Existing regional water supply strategies 1142. Provision for particular existing licences 1143. Existing development approvals Division 7--Transitional provisions for Wild Rivers and Other Legislation Amendment Act 2006 1144. Plans taken to be water efficiency management plans 1145. Validation of commission water restrictions 1146. Validation of service provider water restrictions Division 8--Transitional provisions for Statutory Bodies Legislation Amendment Act 2007 1147. Rights and entitlements of particular employees 1148. Application of industrial instruments 1149. Amending Act does not affect particular powers of water authority 1150. Continued application of repealed provisions Division 9--Transitional provisions for Water and Other Legislation Amendment Act 2007 1151. Applications for change to water allocation 1153. Application of provision about guidelines for rate notice or account for water supply 1154. Application of provision about water advices 1155. Plan taken to be water efficiency management plans Division 10--Transitional provisions for Local Government and Other Legislation (Indigenous Regional Councils) Amendment Act 2007 1156. Definitions for div 10 1157. Particular new and adjusted local governments taken to be service providers 1158. New and adjusted local governments must give regulator service provider documents 1159. Amending the register of service providers 1160. Declaration of service areas Division 11--Transitional provisions for Water Supply (Safety and Reliability) Act 2008 1161. Declared water services 1162. Grid customers 1163. Changing source of water supplied under particular contract 1164. Existing water supply agreements end 1165. References to particular entities in relevant water resource plans 1166. Codes for assessment under the Integrated Planning Act 1997 1167. Amendment of water resource plans Division 12--Transitional provisions for Water (Commonwealth Powers) Act 2008 1168. Existing draft resource operation plans 1169. Enactment of amendment of water resource plans does not affect nature of plan SCHEDULE 4 DICTIONARY Endnotes - LONG TITLE An Act to provide for the sustainable management of water and other resources and the establishment and operation of water authorities, and for other purposes 1 Short title This Act may be cited as the Water Act 2000. 2 Commencement (1) The following provisions of schedule 2 are taken to have commenced on 1 July 2000-- (a) amendments 19 and 20 of the Integrated Planning Act 1997; (b) amendment 2 of the Local Government Act 1993. (2) The following provisions of this Act commence on assent-- • chapter 1 • chapter 2, parts 1, 2 (except section 20(3)) and part 3, divisions 1 and 2 • chapter 5, parts 1, 2 and part 3, division 3 • chapter 6, parts 1, 2 and 3 • chapter 7 • chapter 8, sections 1006, 1007 and 1009 to 1014 • chapter 9, part 1, sections 1037 to 1045, 1051, 1052, 1054 and 1108 and part 5 • schedule 2, amendment of the Integrated Planning Act 1997 amendments 1 and 14 • schedule 3, amendments of the Aboriginal Land Act 1991, the Forestry Act 1959, the State Development and Public Works Organisation Act 1971, and the Torres Strait Islander Land Act 1991 • schedule 3, amendment of the Water Resources Act 1989, amendments 1, 2, 3, 4, 5, 6 and 11. (3) Section 1063 commences on 1 October 2000. (4) The following provisions, as inserted by the Water Amendment Act 2001, commence on the assent of that Act-- * section 37 * section 40A * section 42A * section 49A * section 78A * section 107 * section 111A * section 120A * section 122A * sections 128A to 130 * section 184A * sections 189A to 190 * sections 195 to 197 * section 382 * section 583 * sections 598 to 598A * section 959 * section 1004A * section 1010A * section 1013A * chapter 9, part 4A. (5) The remaining provisions of this Act commence on a day to be fixed by proclamation. 3 Definitions The dictionary in schedule 4 defines particular words used in this Act. 4 Act binds all persons (1) This Act binds all persons, including the State, and, in so far as the legislative power of the State permits, the Commonwealth and the other States. (2) Subsection (1) does not apply to-- (a) the operation of the State Development and Public Works Organisation Act 1971; or (b) the powers of the coordinator-general under the State Development and Public Works Organisation Act 1971. 10 Purpose of ch 2 (1) The purpose of this chapter is to advance sustainable management and efficient use of water and other resources by establishing a system for the planning, allocation and use of water. (2) For subsection (1), sustainable management is management that-- (a) allows for the allocation and use of water for the physical, economic and social well being of the people of Queensland and Australia within limits that can be sustained indefinitely; and (b) protects the biological diversity and health of natural ecosystems; and (c) contributes to the following-- (i) improving planning confidence of water users now and in the future regarding the availability and security of water entitlements; (ii) the economic development of Queensland in accordance with the principles of ecologically sustainable development; (iii) maintaining or improving the quality of naturally occurring water and other resources that benefit the natural resources of the State; (iv) protecting water, watercourses, lakes, springs, aquifers, natural ecosystems and other resources from degradation and, if practicable, reversing degradation that has occurred; (v) recognising the interests of Aboriginal people and Torres Strait Islanders and their connection with the landscape in water planning; (vi) providing for the fair, orderly and efficient allocation of water to meet community needs; (vii) increasing community understanding of the need to use and manage water in a sustainable and cost efficient way; (viii) encouraging the community to take an active part in planning the allocation and management of water; (ix) integrating, as far as practicable, the administration of this Act and other legislation dealing with natural resources. (3) For subsection (1), efficient use of water-- (a) incorporates demand management measures that achieve permanent and reliable reductions in the demand for water; and (b) promotes water conservation and appropriate water quality objectives for intended use of water; and (c) promotes water recycling, including, for example, water reuse within a particular enterprise to gain the maximum benefit from available supply; and (d) takes into consideration the volume and quality of water leaving a particular application or destination to ensure it is appropriate for the next application or destination, including, for example, release into the environment. 11 Meaning of principles of ecologically sustainable development The following principles are principles of ecologically sustainable development-- (a) decision-making processes should effectively integrate both long- term and short-term economic, environmental, social and equitable considerations; (b) if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation; (c) the present generation should ensure the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations; (d) the conservation of biological diversity and ecological integrity should be a fundamental consideration in decision making; (e) recognition of the need to develop a strong, growing and diversified economy that can enhance the capacity for environmental protection; (f) decisions and actions should provide for broad community involvement on issues affecting them. 12 Advancing chapter's purpose If, under this chapter, a function or power is conferred on an entity, the entity must perform the function or exercise the power in a way that advances this chapter's purpose. 19 Rights in all water vests in State All rights to the use, flow and control of all water in Queensland are vested in the State. 20 Authorised taking of water without water entitlement (1) This section has effect despite section 19. (2) A person may take water in an emergency situation, for-- (a) a public purpose; or (b) fighting a fire destroying, or threatening to destroy, a dwelling house. (3) Despite subsection (6), an owner of land adjoining a watercourse, lake or spring may take water from the watercourse, lake or spring-- (a) for stock purposes; or (b) for domestic purposes. (4) Despite subsection (6), an owner of land on which there is overland flow water or overland flow water that has been collected into a dam, may take the water-- (a) for stock purposes; or (b) for domestic purposes. (5) A person may take water from a watercourse, lake or spring-- (a) for camping purposes; or (b) for watering travelling stock. (6) A person may take overland flow water or take or interfere with subartesian water for any purpose unless-- (a) there is a moratorium notice, a water resource plan or a wild river declaration that limits or alters the water that may be taken or interfered with; or (b) for subartesian water only--a regulation under section 1046 regulates the taking of or interfering with the water. (7) A regulation may declare land to be land to which subsection (3)(b) does not apply if the land is subdivided after the regulation is made. (8) In this section-- land includes any land contiguous with the land adjoining the watercourse, lake or spring if all the land is owned by the same registered owner. 21 Beds and banks forming boundaries of land are State property (1) The bed and banks of all watercourses and lakes forming all or part of the boundary of land are, and always have been, the property of the State. (2) Subsection (1) applies despite the alienation of land by the State. (3) However, a person (the owner) who may take water under section 20(3)-- (a) may exercise a right of access for himself or herself, the owner's family, executive officers, employees, agents and stock over the part of the bed or bank, of the watercourse or lake, that adjoins the owner's land; and (b) may exercise a right of grazing for the person's stock over the part of the bed or bank, of the watercourse or lake, that adjoins the owner's land; and (c) may bring an action against a person who trespasses on the part of the bed or bank, of the watercourse or lake, that adjoins the owner's land as if the owner were the registered owner of the bed and bank. (4) If part of the bed or bank is being used by the State for a purpose under this Act-- (a) subsection (3)(a) and (b) applies only to the extent exercising the right does not interfere with the State's use of the bed or bank; and (b) subsection (3)(c) does not allow the owner to bring an action against a person acting on behalf of the State. 22 Limiting or prohibiting taking, or interfering with, water during emergencies (1) Subsection (2) applies if the Minister is satisfied urgent action should be taken because-- (a) there is a shortage of water; or (b) there is a thing in harmful quantities in water. (2) The Minister must publish a notice-- (a) reducing, for a particular purpose or otherwise, either or both of the following-- (i) the volume of water a person may take; (ii) the rate at which, and the times when, a person may take water; or (b) reducing a person's entitlement to interfere with water; or (c) prohibiting the taking of, or interfering with, water. (3) The reduction or prohibition has effect despite any authority a person has under another provision of this Act. (4) The notice remains in force until whichever of the following first happens- - (a) the commencement of a regulation dealing with the matters mentioned in subsection (2); (b) the end of 21 days after the day the notice is published. (5) The notice is subordinate legislation. (6) Only 1 notice may be published under subsection (2) for each shortage of water or occurrence of a thing in harmful quantities in water. (7) A person must not take water in contravention of the notice. Maximum penalty for subsection (7)--1665 penalty units. 23 Regulation may limit taking or interfering with water for 1 year (1) This section applies if-- (a) there is a shortage of water; or (b) there is a thing in harmful quantities in water. (2) A regulation may-- (a) reduce, for a particular purpose or otherwise, either or both of the following-- (i) the volume of water a person may take; (ii) the rate at which, and the times when, a person may take water; or (b) reduce a person's entitlement to interfere with water; or (c) prohibit the taking of, or interfering with, water. (3) The reduction or prohibition has effect despite any authority a person has under another provision of this Act. (4) The regulation must state the period, not being more than 1 year, for which the regulation has effect. (5) A person must not take water in contravention of the regulation. Maximum penalty for subsection (5)--1665 penalty units. 24 Limiting taking of water under s 20(3) (1) If there is a shortage of water, the chief executive may limit or prohibit the taking of water under section 20(3)(b) for watering a garden or under section 20(3)(a), by publishing a notice. (2) If the notice is for limiting the taking of water, the notice may be for either or both of the following-- (a) the times when water may be taken; (b) the volume of water, measured or estimated, that may be taken. (3) The notice remains in force for the period stated in the notice or, if no period is stated, until the chief executive publishes another notice withdrawing the first notice. (4) A person must not take water in contravention of the notice. Maximum penalty for subsection (4)--500 penalty units. 25 Limiting water taken under water licence, permit or allocation (1) If there is a shortage of water, the chief executive may, by publishing a notice, limit the water that may be-- (a) taken or interfered with under a water licence; or (b) taken under a water permit; or (c) taken under a water allocation not managed under a resource operations licence. (2) The notice may be for any 1 or more of the following-- (a) the times when water may be taken by a licensee or permittee; (b) the purpose for which water may be taken; (c) the volume of water, measured or estimated, that may be taken by a licensee, permittee or the holder of a water allocation for a stated purpose. (3) The notice remains in force for the period stated in the notice or, if no period is stated, until the chief executive publishes another notice withdrawing the first notice. (4) A person must not take water in contravention of the notice. Maximum penalty for subsection (4)--500 penalty units. 25A Meaning of water supply emergency (1) A water supply emergency is a situation in which there is a demonstrably serious risk the State's, or a part of the State's, essential water supply needs will not be met. (2) The following are examples of circumstances from which a situation mentioned in subsection (1) may arise-- (a) failure of a large part of water supply, treatment or distribution infrastructure or wastewater infrastructure; (b) extended severe drought conditions; (c) contamination of a water storage used for essential water supply needs causing the water to be unfit for supply. (3) In this section-- demonstrably, in relation to a serious risk, means the serious risk can be demonstrated by reliable data about water supply. essential water supply needs means water supply for-- (a) domestic purposes; or (b) essential services, including the generation or distribution of electricity; or (c) processing or refining minerals or petroleum in the local government area of the Gladstone Regional Council. 25B Declaration of water supply emergency (1) The Minister may prepare a water supply emergency declaration if the Minister is satisfied-- (a) there is a water supply emergency; or (b) a water supply emergency is developing. (2) Before preparing a water supply emergency declaration, the Minister must have rega RD TO OTHER MEASURES, instead of a water supply emergency declaration, THat COULD BE TAKEN UNDER THIS OR another Act to DEAL WITH THE WatER supply emergency. (3) The water supply emergency declaration-- (a) has effect when it is approved by the Governor in Council and published in the gazette; and (b) remains in force until the earlier of the following-- (i) the commencement of a regulation dealing with the matters mentioned in the declaration; (ii) the end of 15 business days after the date it is published. 25C Contents of water supply emergency declaration (1) A water supply emergency declaration must state-- (a) the water supply emergency to which the declaration applies; and (b) the part of the State to which the declaration applies; and (c) the service providers to which the declaration applies; and (d) for dealing with the water supply emergency-- (i) the measures each service provider is directed to carry out and the day by which the measures are to be carried out; and (ii) if the measures a service provider is directed to carry out include making non-Act water available to, or operating infrastructure to allow non-Act water to be supplied to, a customer or type of customer--whether section 25K applies to the direction; and (iii) if the measures a service provider is directed to carry out include imposing the restrictions mentioned in section 25D--that the service provider is directed to give the Minister for approval, within the time stated, a response (a water supply emergency response) stating the way the service provider intends to ensure the restrictions are complied with; and (iv) the outcomes each service provider is directed to achieve and the day by which the outcomes are to be achieved; and (v) that a service provider directed to achieve outcomes is directed to give the Minister for approval, within the time stated, a response (also a water supply emergency response) stating-- (A) the actions the service provider intends to take to achieve the outcomes; and (B) if the actions include imposing the restrictions mentioned in section 25D--the way the service provider intends to ensure the restrictions are complied with. (2) The declaration must, to the greatest practicable extent, state, for the measures directed to be carried out or outcomes directed to be achieved-- (a) whether the State or 1 or more service providers are to pay the cost and, if more than 1 entity is to pay the cost, the apportionment of the costs; and (b) if the State is to contribute to the cost--the amount to be contributed and the way in which it is to be paid; and (c) the extent to which, and the service providers from whom, the State may recover any contributions made; and (d) the extent to which, and the service provider's customers or other service providers from whom, a service provider may recover the contributions made by the State and the costs approved by the Minister; and (e) whether, and on what, a service provider may recover a rate of return and the service provider's customers or other service providers from whom it may be recovered. (3) A water supply emergency declaration may authorise persons to exercise powers, including powers of decision and direction and delegated powers, to facilitate the implementation of the directions under the declaration. (4) If a water supply emergency declaration for a part of the State is inconsistent with a wild river declaration or the objectives of a water resource plan for the part, the water supply emergency declaration is ineffective to the extent of the inconsistency. (5) However-- (a) the water supply emergency declaration may, to the extent stated in the declaration, be inconsistent with-- (i) the resource operations plan that implements the water resource plan; or (ii) a resource operations licence for the water to which the plan applies; or (iii) an interim resource operations licence; and (b) to the extent of the inconsistency, the water supply emergency declaration prevails. 25CA Amendment of water supply emergency declaration (1) This section applies if, when the Minister prepares a water supply emergency declaration (the original declaration), it is not practicable to state, for each of the measures directed to be carried out and each of the outcomes directed to be achieved, all of the matters mentioned in section 25C (2)(a) to (e). (2) The Minister must, as soon as practicable after the original declaration is published in the gazette, and after consultation with the Treasurer, amend the original declaration to state the matters. 25D Measures mentioned in a water supply emergency declaration The measures a service provider may, in a water supply emergency declaration, be directed to carry out are the following-- (a) to make available, water from the service provider's authority under this Act to take or interfere with water or non-Act water, to-- (i) other service providers; or (ii) entities responsible for generating electricity; or (iii) the coordinator-general; (b) to operate infrastructure to allow water, including non-Act water, to be supplied to the entities mentioned in paragraph (a); (c) to make non-Act water available to a customer or type of customer; (d) to operate infrastructure to allow non-Act water to be supplied to a customer or type of customer; (e) to restrict, in the way stated in the declaration, the following- - (i) the volume of water taken by or supplied to a customer or type of customer; (ii) the hours when water may be used on premises for stated purposes; (iii) the way water may be used on premises; (f) to apply a restriction imposed under paragraph (e) to water, including non-Act water, taken from a rainwater tank connected to the service provider's reticulated water supply. 25E Requirement to comply with water supply emergency declaration (1) A service provider to whom a direction is given under a water supply emergency declaration must comply with the direction. Maximum penalty-- (a) for a direction mentioned in section 25C(1)(d)(i)--1665 penalty units; (b) for a direction mentioned in section 25C(1)(d)(iii) or (v)--1000 penalty units. Note-- See also the Water Supply Act, section 43(4) to (6). (2) Subsection (1) applies even if complying with the direction would be inconsistent with the service provider's current supply and infrastructure contractual arrangements and the current arrangements are ineffective-- (a) to the extent of the inconsistency; and (b) for the period stated in the declaration. (3) It is a defence to a prosecution for an offence against subsection (1) to prove-- (a) the service provider made all reasonable efforts to comply with the direction; and (b) the service provider is unable to comply with the direction because the service provider is unable to acquire, to the extent necessary to comply with the direction-- (i) the development and other approvals necessary for carrying out the measures or achieving the outcomes; or (ii) the land on which infrastructure is to be constructed; or (iii) finance to carry out the measures or achieve the outcomes. 25F Regulation about water supply emergency (1) This section applies if-- (a) there is a water supply emergency; or (b) a water supply emergency is developing. (2) A regulation (a water supply emergency regulation) may state-- (a) the water supply emergency to which the regulation applies; and (b) the part of the State to which the regulation applies; and (c) the service providers to which the regulation applies; and (d) for dealing with the water supply emergency-- (i) the measures each service provider is directed to carry out and the day by which the measures are to be carried out; and (ii) if the measures a service provider is directed to carry out include making non-Act water available to, or operating infrastructure to allow non-Act water to be supplied to, a customer or type of customer--whether section 25K applies to the direction; and (iii) if the measures a service provider is directed to carry out include imposing the restrictions mentioned in section 25D--that the service provider is directed to give the Minister for approval, within the time stated, a water supply emergency response stating the way the service provider intends to ensure the restrictions are complied with; and (iv) the outcomes each service provider is directed to achieve and the day by which the outcomes are to be achieved; and (v) that a service provider directed to achieve outcomes is directed to give the Minister for approval, within the time stated, a water supply emergency response stating-- (A) the actions the service provider intends to take to achieve the outcomes; and (B) if the actions include imposing the restrictions mentioned in section 25D--the way the service provider intends to ensure the restrictions are complied with; and (vi) any works that are to be carried out by the coordinator-general. (2A) Before a water supply emergency regulation is made, the Minister must have rega RD TO OTHER MEASURES, instead of a water supply emergency regulation, THat COULD BE TAKEN UNDER THIS OR another Act to DEAL WITH THE WatER supply emergency. (3) For the matters mentioned in subsection (2)(d), the regulation must, to the greatest practicable extent, state the matters mentioned in section 25C(2)(a) to (e). (4) The regulation may, to the extent stated in the regulation, continue the effect of a water supply emergency declaration. (5) A water supply emergency regulation may authorise persons to exercise powers, including powers of decision and direction and delegated powers, to facilitate the implementation of the directions under the regulation. (6) The regulation, for the part of the State to which it applies, must not be inconsistent with a wild river declaration or the objectives of a water resource plan for the part. (7) However-- (a) the regulation may, to the extent stated in the regulation, be inconsistent with-- (i) the resource operations plan that implements the water resource plan; or (ii) a resource operations licence for the water to which the plan applies; or (iii) an interim resource operations licence; and (b) to the extent of the inconsistency, the regulation prevails. 25FA Amendment of water supply emergency regulation (1) This section applies if, when a water supply emergency regulation (the original regulation) is made, it is not practicable to state, for each of the measures directed to be carried out and each of the outcomes directed to be achieved, all of the matters mentioned in section 25C(2)(a) to (e). (2) The Minister must consult with the Treasurer about the matters. (3) As soon as practicable after the original regulation is made, it must be amended to state the matters. 25G Measures mentioned in a water supply emergency regulation The measures a service provider may, under a water supply emergency regulation, be directed to carry out are the following-- (a) the measures mentioned in section 25D(a) to (f); (b) to make changes to the service provider's infrastructure, for example to improve efficiency by-- (i) reducing water losses from leakage from the service provider's distribution system; or (ii) bringing forward maintenance programs; (c) to allow reasonable access, to connect to the service provider's infrastructure and to operate and maintain the connection, to-- (i) other service providers; or (ii) entities responsible for generating electricity; or (iii) the coordinator-general; (d) to implement a demand management program that, for a stated part of the State or type of customer, may include, but is not limited to, subsidising the installation by customers of water-saving devices; (e) to design, construct and operate new infrastructure; (f) to recommission and operate infrastructure that is not operating at the time the regulation is made. 25H Requirement to comply with water supply emergency regulation (1) A service provider to whom a direction is given under a water supply emergency regulation must comply with the direction. Maximum penalty-- (a) for a direction mentioned in section 25F(2)(d)(i)--1665 penalty units; (b) for a direction mentioned in section 25F(2)(d)(iii) or (v)--1000 penalty units. (2) Subsection (1) applies even if complying with the direction would be inconsistent with the service provider's current supply and infrastructure contractual arrangements and the current arrangements are ineffective-- (a) to the extent of the inconsistency; and (b) for the period stated in the regulation. (3) It is a defence to a prosecution for an offence against subsection (1) to prove-- (a) the service provider made all reasonable efforts to comply with the direction; and (b) the service provider is unable to comply with the direction because the service provider is unable to acquire, to the extent necessary to comply with the direction-- (i) the development and other approvals necessary for carrying out the measures or achieving the outcomes; or (ii) the land on which infrastructure is to be constructed; or (iii) finance to carry out the measures or achieve the outcomes. 25I Approval of, or change to, response (1) If the Minister is satisfied a water supply emergency response is adequate for carrying out the measures or to achieve the outcomes stated in a water supply emergency declaration or a water supply emergency regulation, the Minister must-- (a) approve the response; and (b) give the service provider notice of the approval. (2) If the Minister is not satisfied, the Minister must-- (a) change the response to make it adequate; and (b) approve the changed response; and (c) give the service provider notice of the approval. (3) The service provider must comply with the approved water supply emergency response. Maximum penalty--1665 penalty units. (4) Subsection (3) applies even if complying with the approved response would be inconsistent with the service provider's current supply and infrastructure contractual arrangements and the current arrangements are ineffective-- (a) to the extent of the inconsistency; and (b) for the period stated in the approved response. (5) It is a defence to a prosecution for an offence against subsection (3) to prove-- (a) the service provider made all reasonable efforts to comply with the approved response; and (b) the service provider is unable to comply with the approved response because the service provider is unable to acquire, to the extent necessary to comply with the response-- (i) the development and other approvals necessary for carrying out the measures or achieving the outcomes; or (ii) the land on which the infrastructure is to be constructed; or (iii) finance to carry out the measures or achieve the outcomes. 25J When water supply emergency ends (1) The Governor in Council must make a regulation under this section if the Minister considers a water supply emergency has ended. (2) The regulation must state-- (a) that the water supply emergency to which it applies no longer exists; and (b) the actions that may be taken, or continue to be taken, to deal with circumstances arising because of the water supply emergency, including any actions taken under a water supply emergency regulation that must be completed or discontinued. (3) However, for the regulation to state that an action taken under a water supply emergency regulation must be completed, the Minister must be satisfied it would be detrimental to the interests of the State or another entity not to complete the action, taking into account the following-- (a) the extent of work undertaken; (b) the obligations arising under any contract or other agreement; (c) any costs or other amounts the State or another entity is liable to pay; (d) the amount of money spent; (e) any other relevant circumstance. (4) The actions that may be taken or continue to be taken include giving any directions that could have been given under the water supply emergency regulation if the emergency continued to exist. (5) Subject to a regulation under this section, the ending of a water supply emergency has no effect on the exercise of powers under this division. 25K Supply arrangements (1) Subsection (3) applies if a water supply emergency declaration or a water supply emergency regulation, directs a service provider-- (a) to make water, including non-Act water, available; or (b) to operate infrastructure to allow water, including non-Act water, to be supplied. (2) However, if the direction is to make non-Act water available to, or to operate infrastructure to allow non-Act water to be supplied to, a customer or type of customer, this section applies only to the extent stated in the declaration or regulation. (3) The service provider must, at the time the provider makes the water available or operates the infrastructure, have a supply contract with each entity to whom the service provider is directed to make water available or allow water to be supplied. (4) The chief executive may approve a supply contract for the supply, storage and delivery of water under a water supply emergency declaration or regulation including the price to be paid for the supply, storage and delivery. (5) The chief executive must gazette approval of the supply contract. (6) If, at any time, the service provider and an entity do not have a supply contract in compliance with subsection (3), the supply contract approved by the chief executive applies, for the time, to the supply, storage and delivery of water under the declaration or regulation. 25L Relationship with State Development and Public Works Organisation Act 1971 (1) This section applies to facilitate-- (a) carrying out measures mentioned in a water supply emergency declaration or a water supply emergency regulation; and (b) compliance with an approved water supply emergency response; and (c) the carrying out of works, mentioned in a water supply emergency regulation, by the coordinator-general. (2) The State Development and Public Works Organisation Act 1971 (the State Development Act) has effect in the following way-- (a) section 103 applies as if-- (i) the water supply emergency declaration, water supply emergency regulation or approved water supply emergency response were a regulation made under section 100; and (ii) the service provider were a local body; and (b) sections 105, 106 and 154 apply as if-- (i) an appointment of the coordinator-general under section 25M of this Act were an authorisation of the coordinator- general under section 104(6); and (ii) the service provider were a local body; and (c) sections 109 and 110 apply as if a statement in the water supply emergency regulation about works to be carried out by the coordinator-general were a regulation under section 109 directing works be undertaken; and (d) section 125(1)(a) applies as if a statement in the water supply emergency regulation about works to be carried out by the coordinator-general were an authorisation to undertake works; and (e) sections 125(1)(c) and 134 apply as if the service provider were a local body; and (f) sections 134 and 136 apply as if the works mentioned in the water supply emergency regulation or approved water supply emergency response were authorised works; and (g) section 137 applies as if the reference in section 137(b) to section 136 were a reference to section 136 as it has effect under paragraph (f); and (h) section 139 applies to the extent it relates to the application of section 136. (3) Despite the State Development Act, section 111(2)(b), the coordinator- general may delegate to a service provider a power, function or duty conferred or imposed on the coordinator-general under this division. (4) If agreement is not reached under the State Development Act, section 134, a regulation may approve particulars of arrangements for the transfer, management, operation and control of the works. (5) The regulation, to the extent it approves the particulars, is taken to be a regulation made under the State Development Act, section 134. (6) In this section-- authorised works see the State Development Act, schedule. local body see the State Development Act, schedule. 25M Appointment of person to carry out measures or achieve outcomes (1) This section applies if a service provider does not comply with-- (a) a direction under a water supply emergency declaration or a water supply emergency regulation; or (b) an approved water supply emergency response; or (c) a compliance notice given by the chief executive under section 780(1) in relation to the direction or response. (2) The Governor in Council may appoint a person to comply with the direction or response as agent for the service provider. (3) The appointment-- (a) has effect when it is notified in the gazette; and (b) remains in force until-- (i) the day stated in the notification; or (ii) if no day is stated in the notification--the day withdrawal of the appointment is notified. (4) The appointment may deal with any matter necessary or convenient to help the person comply with the direction or response. (5) A direction or response mentioned in subsection (1) does not include a direction or response about imposing service provider water restrictions. 25N Effect of appointee carrying out measures or achieving outcomes (1) A person appointed under section 25M(2) (the appointee) may do all things necessary or convenient to comply with the direction or response. (2) A person in possession of premises on which the service provider's infrastructure is situated must give the appointee access to the premises to enable the appointee to comply with the direction or response. Maximum penalty--500 penalty units. (3) A person in possession of premises must not take action or refuse to take action if the taking or refusal has the effect of preventing the appointee from, or hindering the appointee in, complying with the direction or response. Maximum penalty--1665 penalty units. (4) Subsections (2) and (3) do not apply to an act done, or omission made, during or relating to industrial action under the Industrial Relations Act 1999. (5) The service provider is liable for the appointee's reasonable costs of complying with the direction or response as agent for the service provider. 25O Recovery of costs incurred (1) This section applies to a service provider who-- (a) under a water supply emergency declaration or a water supply emergency regulation-- (i) is directed to pay the cost of carrying out measures, achieving outcomes or works carried out by the coordinator- general; or (ii) may recover contributions by the State; or (b) under a regulation made under section 25J(2)(b), incurs costs in completing or discontinuing actions taken under a water supply emergency regulation; or (c) under section 25N(5), is liable to pay an appointee's costs; or (d) under a regulation made under the State Development Act, section 134 or 154, is required to pay costs incurred by or for the coordinator-general. (2) The service provider may, to the extent stated in the declaration or regulation, recover from the service provider's customers or other service providers-- (a) the contributions made by the State; and (b) the costs mentioned in subsection (1) to the extent they are approved by the Minister; and (c) the rate of return. (3) Subsection (2) applies despite-- (a) any condition of the service provider's authority under this Act to take or interfere with water; or (b) any provision to the contrary in a supply contract, or a contract for the supply of registered services, between the service provider and the service provider's customers or other service providers; or (c) the pricing arrangements in a relevant notice mentioned in section 1137 or a regulation amending a relevant notice; or (d) any direction given under section 999. (4) The service provider may recover, as a debt due to the service provider, any amount the service provider is entitled to recover under subsection (2). 25P Recovery of contributions by the State The State may recover, as a debt due to the State by a service provider, any contributions the State is entitled, under a water supply emergency declaration or a water supply emergency regulation, to recover from the service provider. 25Q Queensland Competition Authority The Queensland Competition Authority, in performing its functions under the Queensland Competition Authority Act 1997, must not act in a way that is inconsistent with a water supply emergency declaration, a water supply emergency regulation or section 25O. 25R Applying for compensation (1) A person, including a service provider, who suffers loss or damage because of actions taken under this division may apply to the Minister for compensation for the loss or damage. (2) The application must be made in writing within 65 business days after the person suffers the loss or damage. (3) The application must state-- (a) details of the person's loss or damage; and (b) the amount of compensation claimed and the grounds for the amount claimed. (4) The applicant must also provide any other relevant information reasonably required by the Minister to decide the application. (5) Despite subsection (2), the Minister may accept a person's application for compensation made more than 65 business days after the person suffers the loss or damage if the Minister is satisfied it would be reasonable in all the circumstances to accept the application. (6) The Minister's acceptance of an application for compensation does not give an applicant an entitlement to the compensation. 25S When compensation is not payable (1) Compensation is not payable to a person for-- (a) loss or damage suffered because of a service provider water restriction imposed under-- (i) a direction under a water supply emergency declaration or water supply emergency regulation; or (ii) an approved water supply emergency response; or (b) costs or contributions mentioned in section 25O(1); or (c) loss or damage to the extent that an amount for the loss or damage is recovered or recoverable by the person under a policy of insurance; or (d) costs that were recovered from the person by a service provider under section 25O(2). (2) Also, compensation is not payable to the person for loss or damage if the loss or damage would have happened irrespective of actions taken under this division. 25T Requirement for further information (1) The Minister may give the applicant a notice stating-- (a) the information required by the Minister for deciding the application; and (b) the time by which the information must be given to the Minister; and (c) that, if the information is not given to the Minister by the stated time, the application will lapse. (2) The stated time must be reasonable and, in any case, at least 15 business days after the notice is given. (3) The Minister may give the applicant a further notice extending or further extending the time if the Minister is satisfied it would be reasonable in all the circumstances to give the extension. (4) A notice may be given under subsection (3) even if the time to which it relates has lapsed. (5) If the applicant does not comply with the requirement within the stated time, or any extension of the time, the application lapses. 25U Deciding application (1) The Minister must consider and decide an application made under section 25R within 65 business days after the later of the following-- (a) the day the Minister receives the application; (b) the day the Minister receives all information required by the Minister for deciding the application. (2) In deciding an application, the Minister may have regard to-- (a) the extent and nature of the applicant's loss or damage; and (b) the extent to which the applicant has mitigated, or attempted to mitigate, the loss or damage; and (c) any other matter the Minister considers appropriate. (3) The Minister may decide-- (a) to pay all or part of the compensation claimed; or (b) to refuse to pay the compensation. (4) If the Minister has not decided an application within the period stated in subsection (1) for the application, the Minister is taken to have refused to pay compensation. 25V Notice about decision As soon as practicable after deciding the application, the Minister must give the applicant a notice stating-- (a) the decision and the reasons for the decision; and (b) if the Minister decides to pay compensation--details of the amount to be paid and how the amount was calculated. 25W Protection of State and Minister from liability Civil liability does not attach to the State or a Minister because of a failure to make a water supply emergency declaration under section 25B or a water supply emergency regulation under section 25F. 25X Protection of service provider from liability (1) Subsection (2) applies to actions taken by a service provider that are inconsistent with the service provider's current supply and infrastructure contractual arrangements. (2) The service provider is not liable for loss or damage caused by taking the actions in compliance with-- (a) a direction under a water supply emergency declaration or water supply emergency regulation; or (b) an approved water supply emergency response. (3) Subsection (2)-- (a) applies only to the extent the service provider acted reasonably and without negligence; and (b) does not affect the service provider's liability for negligence. 25Y Review of div 2A The Minister must review the operation of this division within 2 years after its commencement. 25Z Review of regulation Within 12 months after the commencement of a water supply emergency regulation, the Minister must review the effectiveness of the operation of the regulation in dealing with the water supply emergency. 25ZA Application for approval to restrict use of subartesian water (1) The commission may apply for written approval for the power to impose a restriction on the use of subartesian water by a customer of a water service provider in the SEQ region or a designated region if the water is taken, other than for stock purposes, under-- (a) section 20(6); or (b) if the water is not taken under a water entitlement-- (i) a water resource plan; or (ii) a wild river declaration; or (iii) a regulation made under section 1046. (2) A water service provider may apply for written approval for the power to impose a restriction on the use of subartesian water by a customer of the water service provider in an area outside the SEQ region or a designated region if the water is taken, other than for stock purposes, under-- (a) section 20(6); or (b) if the water is not taken under a water entitlement-- (i) a water resource plan; or (ii) a wild river declaration; or (iii) a regulation made under section 1046. (3) The application must be-- (a) made to the chief executive in writing; and (b) supported by sufficient information to enable the chief executive to decide the application. (4) The chief executive may ask the applicant for additional information about the application. 25ZB Deciding application (1) The chief executive must give the approval if the chief executive is satisfied that-- (a) the subartesian water and the water service provider's water supply for a retail water service is being taken from the same source; and (b) the taking of the subartesian water may threaten the security of the water service provider's water supply for the retail water service; and (c) commission water restrictions or service provider water restrictions have been imposed, or are about to be imposed, in relation to the water supply. (2) If the chief executive is not satisfied about the matters mentioned in subsection (1)(a), (b) and (c), the chief executive must refuse to give the approval. (3) The approval may be given with or without conditions. 25ZC Notice about decision to give approval (1) If the chief executive gives the approval, the chief executive must, within 30 business days after giving the approval, give the applicant a notice advising the applicant about the approval. (2) If the chief executive refuses to give the approval, the chief executive must, within 30 business days after refusing to give the approval, give the applicant a notice advising the applicant of the reasons why the approval was refused. 25ZD Restriction of subartesian water by commission (1) This section applies if the chief executive gives the approval to the commission. (2) The commission may impose a restriction on the use of the subartesian water by a customer of a service provider in the SEQ region or a designated area. (3) The restriction may be no more onerous than a commission water restriction currently imposed on the customer. (4) For sections 360ZE to 360ZG, a restriction on the use of subartesian water under this section is taken to be a commission water restriction. (5) In this section, the power to restrict includes the power to prohibit. 25ZE Restriction of subartesian water by water service provider (1) This section applies if the chief executive gives the approval to a water service provider. (2) The water service provider may impose a restriction on the use of the subartesian water by a customer of the water service provider in an area outside the SEQ region or a designated region. (3) The restriction may be no more onerous than a service provider water restriction currently imposed on the customer. (4) For the Water Supply Act, section 43, a restriction on the use of subartesian water under this section is taken to be a service provider water restriction. Editor's note-- Water Supply Act, section 43 (Notice of service provider water restriction must be given) (5) In this section, the power to restrict includes the power to prohibit. 26 Moratorium notices (1) The Minister may publish a notice under this section, for a part of the State, (a moratorium notice) if the Minister is satisfied action should be taken in the part-- (a) to protect natural ecosystems; or (b) to protect existing water entitlements and other authorities under this Act to take or interfere with water. (2) The notice may state that an application under this Act, or the repealed Act, will not be accepted, or will be accepted but not dealt with, while the moratorium notice has effect if granting the application would have 1 or more of the following effects on the water to which the application relates-- (a) increase the amount of water that may be taken; (b) change the location from which water may be taken; (c) increase the rate at which water may be taken; (d) change the flow conditions under which water may be taken; (e) increase or change the interference with the water; (f) change the purpose for which the water may be taken or interfered with. (3) Subsection (2) applies even if the application was made before the notice was published. (4) For water in the part of the State to which the notice applies, including overland flow water and subartesian water, the notice may also state that while the moratorium notice has effect-- (a) new works must not be physically started; and (b) completed works in existence must not be raised, enlarged, deepened or changed; and (c) works that have been started-- (i) may be completed only to the extent stated in the notice; and (ii) must be completed by the day stated in the notice; and (d) a person who is completing works that have been started must give the chief executive notice about the works by the day stated in the notice; and (e) construction of works must stop if notice has not been given under paragraph (d). (5) Subsection (4) applies only to the extent the works would-- (a) increase the amount of water being taken or that could be taken; or (b) change the location from which water is being taken or could be taken; or (c) increase the rate at which water is being taken or could be taken; or (d) increase or change the interference with the water. (5A) The Minister may publish a moratorium notice-- (a) whether or not a water resource plan has been approved for any water to which the notice applies; and, (b) if a water resource plan has been approved--whether or not a resource operations plan has been approved for the plan. (5B) If the Minister publishes a moratorium notice when a water resource plan or a resource operations plan has been approved for any water to which the notice applies, the notice prevails over the plan to the extent the plan is inconsistent with the notice. (6) A person must not start the construction of works, or continue to construct works, in contravention of a moratorium notice. Maximum penalty--1665 penalty units. (7) The notice has effect-- (a) from the later of the following-- (i) the day stated in the notice; (ii) the day the notice is published; and (b) until-- (i) a water resource plan is approved for any water to which the moratorium notice applies, but only if a water resource plan for the water to which the notice applies had not been approved before the notice was published; or (ii) the Minister publishes a further notice ending the effect of the moratorium notice, including, for example, in the following circumstances-- (A) when a water resource plan for the water to which the moratorium notice applies had been approved before the moratorium notice was published; (B) when a resource operations plan for the water to which the moratorium notice applies had been approved before, or has been approved after, the moratorium notice was published. (8) For this section, and for section 27, works are not started unless-- (a) construction of the works has physically started, or if construction has not physically started, a contract has been entered into to start construction, and construction is started, within 60 days after the day the notice is published; and (b) an independently verifiable construction program exists for progressive construction towards completion of the works; and (c) detailed design plans exist showing, among other things, the extent of the works; and (d) if a permit under the Local Government Act 1993, section 940 is required for the works--the permit has been issued; and (e) if a development permit is required for the works or for other development associated with the works--the permit has been given. (9) In this section-- moratorium notice includes a moratorium notice the effect of which has been amended or continued under a water resource plan. 27 Application to vary effect of moratorium notice (1) Subsection (2) applies to an owner of land a moratorium notice affects if-- (a) the owner is completing works that had been started at the time the notice was published; and (b) the works will not be completed by the day stated in the notice (the completion day); and (c) the owner wishes to apply for an extension of the completion day. (2) The owner-- (a) must stop construction of the works by the completion day; and (b) may apply to the Minister for an extension of the completion day if-- (i) the works are substantially completed; or (ii) the works will not be completed by the completion day because of a change in circumstances beyond the applicant's control including, for example, construction difficulties, extreme bad weather or the applicant's ill health. (3) The application must-- (a) be in the approved form; and (b) be accompanied by the prescribed fee; and (c) be made before the completion day; and (d) show that the works were started before the notice was published; and (e) show the extent to which the works are completed and the extent to which the applicant anticipates the works will be completed by the completion day; and (f) state the day by which the applicant anticipates the works will be completed; and (g) if the works are not completed because of circumstances mentioned in subsection (2)(b)(ii)--state the circumstances. (4) The Minister must refer the application to a referral panel established under section 1004A. (5) When the Minister receives the referral panel's recommendation, the Minister must-- (a) decide the application, taking into account the panel's recommendation; and (b) give the applicant notice of the decision; and (c) publish the decision in the gazette. (6) If the Minister grants the application, the moratorium notice, for the applicant, is varied in the following way-- (a) the completion day, for the works, is the day stated in the Minister's notice; (b) the works may be completed to the extent stated in the notice. 28 Reviewing moratorium notices (1) If the Minister is satisfied a moratorium notice should have effect for more than 1 year, the Minister must review the notice within 1 year after the day the notice was published and during each year the notice has effect. (2) If, on the review, the Minister is satisfied the notice should be amended, the Minister must amend the notice. 29 Amending moratorium notices (1) The Minister may amend the moratorium notice by publishing a notice (the amending notice) amending the moratorium notice. (2) The amending notice may amend the moratorium notice to provide for any matter for which the moratorium notice could have made provision. (4) On and after the day the amending notice is published, the moratorium notice, as amended by the amending notice, is the moratorium notice. (5) The moratorium notice, as amended by this section, applies to an application mentioned in section 26(2), even if the application was made before the amending notice was published. 30 Exceptions to ss 26 and 29 Sections 26 and 29 do not apply to the following-- (a) the issuing of water permits; (b) the taking of water under section 20(2), (3), (4) or (5); (c) any other matter exempted by the moratorium notice. 35 Information recording and planning For advancing the purposes of this chapter-- (a) the Minister must plan for the allocation and sustainable management of water to meet Queensland's future water requirements, including, for example, for the protection of natural ecosystems and security of supply to water users; and (b) the chief executive must provide information for planning purposes by-- (i) regularly measuring and keeping publicly available records of the volume and quality of water in Queensland; and (ii) collecting information on the water requirements of, and impacts of water management on, natural ecosystems, including, for example, from the department responsible for administering the Environmental Protection Act 1994; and (iii) collecting information about future water requirements; and (c) the chief executive must plan for the sustainable management of water use to minimise adverse impacts of water use on land and water. 36 Obtaining water information (1) For advancing the purposes of this chapter, the chief executive may give a person who is authorised, or has an entitlement, to take, or interfere with, water under this Act a notice requiring information-- (a) the person is required to keep under a condition of the person's authority; or (b) about the person's water use; or (c) about the use of water managed, taken or supplied under the person's authority; or (d) about any use of water that was managed, taken or supplied through water infrastructure to which a person's authority now applies; or (e) about the taking or supplying of water by the person under the person's authority. (2) The notice-- (a) may be given at any time; and (b) must state the reasonable time by which the information must be given to the chief executive. (3) The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty--200 penalty units. (4) However, this section does not require the person to give information if giving the information might tend to incriminate the person. 36A Obtaining information from a service provider (1) For the purposes of part 2, division 2A, the chief executive may give a service provider a notice requiring information about 1 or more of the following-- (a) current and projected future water consumption by the service provider's customers or a class of the customers; (b) water restrictions the service provider has imposed or intends to impose; (c) the events that would cause the service provider to impose the restrictions, for example, the available water supply falling to a stated level; (d) the actions the service provider intends to take to ensure compliance with the restrictions; (e) the demand management program the service provider proposes to implement; (f) other measures the service provider proposes to take, for example, constructing new infrastructure or making changes to existing infrastructure. (2) The notice may be given at any time and must state the reasonable time by which the information must be given to the chief executive. (3) The service provider must comply with the notice, unless the service provider has a reasonable excuse. Maximum penalty--200 penalty units. (4) It is a reasonable excuse for a service provider who is an individual not to comply with the notice if complying with the notice might tend to incriminate the individual. 37 Notice of works and water use (1) This section applies to works for taking or interfering with water under section 20(6). (2) A regulation may require the owner of land on which the works are, or are to be, constructed to notify the chief executive of the works and the water use or, for works to be constructed, proposed water use, in relation to the works. (3) The regulation-- (a) may require the notice to be in the approved form; and (b) must state-- (i) the part of the State to which the regulation applies; and (ii) the type of works required to be notified, including the purpose and size of the works; and (iii) whether the notice relates to 1 or more of the following-- (A) existing works; (B) works that have been under construction for more than a stated period of time; (C) on their completion, works constructed in the future; and (iv) the day by which the notice must be given to the chief executive. (4) As soon as practicable after the regulation is made, the chief executive must conduct public meetings in the part of the State to which the regulation applies to explain the requirements of the regulation to land owners. 38 Minister may prepare water resource plans (1) The Minister may prepare a water resource plan for any part of Queensland to advance the sustainable management of water. (2) Subject to subsection (6), only 1 water resource plan may have effect for the part at any time. (3) The plan may be prepared for, but is not limited to, the following purposes-- (a) to define the availability of water for any purpose; (b) to provide a framework for sustainably managing water and the taking of water; (c) to identify priorities and mechanisms for dealing with future water requirements; (d) to provide a framework for establishing water allocations; (e) to provide a framework for reversing, where practicable, degradation that has occurred in natural ecosystems, including, for example, stressed rivers. (4) The plan must also regulate the taking of overland flow water if the Minister is satisfied that-- (a) if there is an existing water resource plan--there is a risk that taking overland flow water in the area may significantly impact on the plan's outcomes; or (b) there is a risk that taking overland flow water in the area may significantly affect-- (i) the availability of water for existing water entitlement holders; or (ii) the water requirements of natural ecosystems; or (iii) beneficial flooding; or (c) changes in land use activities or intensification of land use in the area are significantly affecting overland flow water; or (d) there is a risk that proposed changes in land use activities in the area are likely to significantly affect overland flow water. (5) The plan must also regulate the taking of subartesian water if the Minister is satisfied that-- (a) if there is an existing water resource plan--there is a risk that taking, or interfering with, subartesian water in the area may significantly impact on the plan's outcomes; or (b) there is a risk that taking, or interfering with, subartesian water in the area may significantly affect-- (i) the availability of water for existing water entitlement holders; or (ii) the water requirements of natural ecosystems; or (iii) the quality of water. (6) Two plans may have effect for the same part of Queensland at the same time if-- (a) one of the plans applies to-- (i) artesian water; and (ii) subartesian water connected to the artesian water; and (iii) water in springs connected to the artesian water; and (b) the other plan does not apply to water mentioned in paragraph (a). 39 Minister must first prepare an information report Before publishing a notice under section 40 the Minister must prepare an information report about-- (a) water allocation and sustainable management issues in the proposed plan area; and (b) proposed arrangements for establishing a community reference panel to provide advice about matters relevant to the preparation of a draft water resource plan for the proposed plan area; and (c) proposed arrangements for technical assessment using best scientific information available and relevant to the preparation of a draft water resource plan for the proposed plan area. 40 Public notice of proposal to prepare draft water resource plan (1) The Minister must publish a notice of the Minister's intention to prepare a draft water resource plan for the proposed plan area. (2) The notice must state the following-- (a) the purpose and reasons for which the draft plan is being prepared; (b) the proposed plan area; (c) the water in the proposed plan area to which the draft plan is intended to apply; (d) where copies of the information report are available for inspection and purchase; (e) that written submissions may be made by any entity about the proposed draft plan and the establishment of a community reference panel; (f) a day by which submissions must be made, and the person to whom, and the place where, the submissions must be made. (3) The day stated under subsection (2)(f) must not be earlier than 30 business days after the day the notice is published. (4) The Minister must send a copy of the notice to each local government whose local government area includes all or part of the proposed plan area. (5) A local government receiving a copy of the notice must make the copy available for inspection by the public. (6) The Minister may send a copy of the notice to any other entity the Minister considers appropriate. 40A Further public notice of proposal to prepare draft water resource plan (1) If, after considering all properly made submissions about the proposed draft water resource plan, the Minister is satisfied a further notice should be published under section 40, the Minister must-- (a) publish the notice; and (b) update the information report prepared under section 39. (2) For section 41, a notice published under subsection (1) is taken to be a notice published under section 40. (3) However, a community reference panel already established for the proposed plan is the community reference panel for the notice published under subsection (1). 41 Community reference panels (1) On or after the day the notice is published under section 40, the Minister must establish a community reference panel. (2) A panel established under subsection (1) must include representatives of cultural, economic and environmental interests in the proposed plan area. 46 Content of draft water resource plans (1) The draft water resource plan must-- (a) state the purpose of the draft plan; and (b) contain a map of the proposed plan area; and (c) state the water to which the draft plan is intended to apply; and (d) state the water and natural ecosystem monitoring requirements to assist in assessing the effectiveness of the proposed management strategies in achieving the outcomes mentioned in paragraph (e); and (e) state the outcomes, including, without limiting the requirement to state outcomes, the ecological outcomes, for the sustainable management of the water; and (f) state the strategies proposed to achieve the outcomes to the extent possible from the best scientific information available; and (g) state the periodic reporting requirements for the draft plan; and (h) include a schedule of proposed arrangements for implementing the draft plan. (2) The draft plan may include, but is not limited to, the following-- (a) a map or diagram, or series of maps or diagrams, showing water information for the area; (b) details of areas where, and the way in which, taking overland flow water, or taking or interfering with subartesian water, or both, is intended to be regulated; (c) the types of works for taking or interfering with overland flow water, subartesian water or water in a watercourse, lake or spring that are intended to be assessable or self assessable development under the Integrated Planning Act 1997; (d) information about water available for future consumptive purposes and the priorities for use or reservation of the water; (e) a process for granting, reserving or otherwise dealing with unallocated water to which the draft plan is intended to apply; (f) criteria for sharing overland flow water; (g) criteria for adjusting existing water entitlements to achieve the plan outcomes; (h) criteria for addressing degradation that has occurred in natural ecosystems; (i) the plan's objectives and performance indicators for the objectives. (3) The draft plan may provide for the amendment or the continuation, completely or partly, of the effect of a moratorium notice for water in the proposed plan area and to which the draft plan applies (the moratorium water) until a resource operations plan that applies to the moratorium water is approved for the plan. (4) If the draft plan provides a framework for establishing water allocations, the draft plan must state the following-- (a) performance indicators for environmental flow objectives and water allocation security objectives; (b) environmental flow objectives; (c) water allocation security objectives; (d) priorities for the conversion to or granting of water allocations. (5) The draft plan, to the extent it applies to a wild river area, must not be inconsistent with the wild river declaration for the area. 47 Matters the Minister must consider when preparing draft water resource plan The Minister must consider the following when preparing the draft water resource plan-- (a) the State's water rights and the volume and quality of water; (b) national, State and regional objectives and priorities for promoting sustainable development; (ba) to the extent the draft plan applies to a wild river area--the wild river declaration for the area; (c) the duration, frequency, size and timing of water flows necessary to support natural ecosystems as assessed using the best scientific information available; (d) the underground water levels and underground water recharge processes necessary to support natural ecosystems; (e) taking of water authorised under section 20; (f) existing water entitlements; (g) the State's future water requirements, including cultural, economic, environmental and social requirements; (h) cultural, economic and social values; (i) advice from the community reference panel; (j) technical assessments for the draft plan; (k) the effects the draft plan will have on water not covered by the draft plan; (l) the effects the taking, or interfering with, water not covered by the draft plan will have on water covered by the draft plan; (m) environmental values established under the Environmental Protection (Water) Policy 1997; (n) the sustainable resource management strategies and policies for the catchment or underground water basin, including, any relevant coastal zone; (o) all properly made submissions about the proposed draft plan; (p) the public interest. 48 Overview report (1) On or before a notice is published under section 49, the Minister must prepare an overview report about the proposed draft plan. (2) The report must summarise any assessments and findings about matters mentioned in section 47 that are available at the time the report is prepared. 49 Public notice about availability of draft water resource plan (1) The Minister must publish a notice when the draft water resource plan has been prepared. (2) The notice must state the following-- (a) where copies of the draft plan may be inspected and, on payment of a fee, purchased; (b) that written submissions may be made by any entity about the draft plan; (c) a day by which submissions must be made, and the person to whom, and the place where, the submissions must be made. (3) The day stated under subsection (2)(c) must not be earlier than 30 business days after the day the notice is published. (4) The Minister must send a copy of the notice and the draft plan to each local government whose local government area includes all or part of the proposed plan area. (5) A local government receiving a copy of the draft plan must make the copy available for inspection by the public. (6) The Minister may send a copy of the notice to any other entity the Minister considers appropriate. 49A Minister may prepare further draft water resource plan (1) If, after considering all properly made submissions about the draft water resource plan, the Minister is satisfied a further draft water resource plan should be prepared, the Minister must prepare a further plan. (2) Sections 47 to 49 also apply to the further draft water resource plan. 50 Preparing and approving final water resource plan (1) In preparing the final water resource plan, the Minister must consider all properly made submissions about the draft plan. (2) A final water resource plan does not have effect until it has been approved by the Governor in Council. (3) A final water resource plan is-- (a) subordinate legislation for the Statutory Instruments Act 1992; and (b) a water resource plan for the plan area. 51 Minister must prepare report on consultation process (1) Within 30 business days after the water resource plan is approved, the Minister must prepare a report about the plan. (2) The report must include a summary of issues raised during the consultation process and how the issues have been dealt with. 52 Public notice of intention not to proceed with making draft water resource plan (1) This section applies if the Minister decides not to proceed with the preparation of a draft water resource plan. (2) The Minister must publish a notice advising of the decision and the reasons for the decision. (3) The Minister must send a copy of the notice to each local government or other entity to whom the Minister sent a notice-- (a) about the proposed preparation of the draft plan; and (b) if a draft plan was prepared--about the draft plan. (4) A local government receiving a copy of the notice must make the copy available for inspection by the public. 53 Minister must report on all water resource plans (1) The Minister must prepare a report on each water resource plan. (2) The report must be for the period, and within the time, stated in the plan. 54 Matters the reports must include Each report must include, for the reporting period, the following matters-- (a) a summary of the findings of research and monitoring for the plan; (b) an assessment of the effectiveness of the implementation of the plan in achieving the plan's outcomes; (c) an assessment of whether the plan's objectives, having regard to any new information available about water that is the subject of the plan, are continuing to promote the purpose of this chapter; (d) a summary of total water entitlements covered by the plan; (e) information about any non-compliance with the plan and its resource operations plan; (f) particulars of any changes made to the plan. 55 When water resource plans may be amended or replaced (1) The Minister may-- (a) amend a water resource plan; or (b) prepare a new water resource plan to replace an existing water resource plan. (2) The Minister must act under subsection (1) if the Minister is satisfied a report prepared under subdivision 2 shows either of the following in relation to a water resource plan-- (a) the plan's outcomes are not being achieved; (b) the plan's objectives are no longer appropriate for its plan area. (2A) Also, the Minister must amend a water resource plan if-- (a) the water resource plan, to the extent it applies to a wild river area, is inconsistent with the wild river declaration for the area; and (b) the inconsistency is in relation to a matter mentioned in the Wild Rivers Act 2005, section 14(1)(j) to (o). (3) The Minister must act under subsection (1)(b) before the existing water resource plan expires. 56 Preparing amending or new draft water resource plan (1) For preparing the amending water resource plan, sections 38 to 52 apply-- (a) as if a reference in the sections to the draft plan were a reference to the amending plan; and (b) with any other necessary changes. (2) For preparing the new draft water resource plan, sections 38 to 52 also apply. (3) Without limiting subsection (1) or (2), the amending plan or new draft plan may-- (a) change the existing boundaries of the plan area; or (b) amalgamate the water resource plan with another water resource plan or part of another water resource plan; or (c) change or extend the stated purpose of the water resource plan. (4) However, sections 39 to 41 and 48 do not apply to the preparation of an amending water resource plan if-- (a) the Minister is satisfied that sufficient public notice of, and opportunity to make submissions on, the proposed amendment, will be available under section 49; or (b) the amendment is of a type that the water resource plan states may be made to the plan under this subsection. 57 Minor or stated amendments of water resource plan Despite section 56, the Governor in Council may approve a plan to amend a water resource plan without sections 40 to 52 applying if-- (a) the amending plan is only to correct a minor error in the water resource plan, or make another change that is not a change of substance; or (b) the water resource plan states that an amendment of a stated type may be made to the water resource plan by amendment under this subsection--to make an amendment of the stated type; or (c) in relation to a wild river area-- (i) the water resource plan, to the extent it applies to the area, is inconsistent with the wild river declaration for the area; and (ii) the inconsistency is in relation to a matter mentioned in the Wild Rivers Act 2005, section 14(1)(j) to (o) or (2); and (iii) the amendment is to ensure consistency with the wild river declaration. 58 No regulatory impact statement for water resource plans A regulatory impact statement under the Statutory Instruments Act 1992 need not be prepared for the approval of a water resource plan or a plan amending a water resource plan. 59 Purpose of div 3 The purpose of this division is to allow for the regulation of water use if there is a risk of land and water degradation. 60 Minister may prepare water use plans (1) The Minister may prepare a water use plan for any part of Queensland if the Minister is satisfied there are risks that water use in a particular area of Queensland may cause negative effects on land and water resources, including, but not limited to, the following-- (a) rising underground water levels; (b) increasing salinisation; (c) deteriorating water quality; (d) water logging of soils; (e) destabilisation of bed and banks of watercourses; (f) damage to riverine environment; (g) increasing soil erosion. (2) Subject to subsection (3), only 1 water use plan may have effect for the part at any time. (3) Two plans may have effect for the same part of Queensland at the same time if-- (a) one of the plans applies to-- (i) artesian water; and (ii) subartesian water connected to the artesian water; and (iii) water in springs connected to the artesian water; and (b) the other plan does not apply to water mentioned in paragraph (a). (4) However, before preparing a water use plan, the Minister must prepare a draft water use plan. 61 Public notice of proposal to prepare draft water use plan (1) The Minister must publish a notice of the Minister's intention to prepare a draft water use plan for the proposed plan area. (2) The notice must state the following-- (a) the purpose for which the draft plan is to be prepared, including, for example, the risk to natural ecosystems arising from the use of water on land; (b) the proposed plan area; (c) details of how it is intended that community and technical consultation for the preparation of the proposed draft plan will take place; (d) that written submissions may be made by any entity about the proposed draft plan; (e) a day by which submissions must be made, and the person to whom, and the place where, the submissions must be made. (3) The day stated under subsection (2)(e) must not be earlier than 30 business days after the day the notice is published. (4) The Minister must send a copy of the notice to each local government whose local government area includes all or part of the proposed plan area. (5) A local government receiving a copy of the notice must make the copy available for inspection by the public. (6) The Minister may send a copy of the notice to any other entity the Minister considers appropriate. 62 Content of draft water use plans (1) The draft water use plan must-- (a) state the purpose of the draft plan; and (b) contain a map of the proposed plan area; and (c) state the types of water use that are subject to the plan; and (d) state standards for water use practices; and (e) state objectives for water use efficiency, water reuse and water quality; and (f) state the monitoring requirements and responsibilities. (2) The draft plan may include, but is not limited to, the following-- (a) a description of land within the proposed plan area for which a land and water management plan must be approved for the use of water for irrigation; (b) schedules for the progressive implementation of the draft plan's requirements. 63 Matters the Minister must consider when preparing draft water use plan The Minister must consider the following matters when preparing the draft water use plan-- (a) changes to water use practices that will reduce the risk to land and water resources arising from the use of water on land; (b) existing industry codes of practice for water use. 64 Public notice about availability of draft water use plan (1) The Minister must publish a notice when the draft water use plan has been prepared. (2) The notice must state the following-- (a) where copies of the draft plan may be inspected and, on payment of a fee, purchased; (b) that written submissions may be made by any entity about the draft plan; (c) a day by which submissions must be made, and the person to whom, and the place where, the submissions must be made. (3) The day stated under subsection (2)(c) must not be earlier than 30 business days after the day the notice is published. (4) The Minister must send a copy of the notice and the draft plan to each local government whose local government area includes all or part of the proposed plan area. (5) A local government receiving a copy of the draft plan must make the copy available for inspection by the public. (6) The Minister may send a copy of the notice to any other entity the Minister considers appropriate. 65 Preparing and approving final draft water use plan (1) In preparing the final draft water use plan, the Minister must consider all properly made submissions about the draft plan. (2) The Governor in Council may approve the final draft water use plan. (3) A plan approved under subsection (2) is-- (a) subordinate legislation for the Statutory Instruments Act 1992; and (b) the water use plan for the plan area. 66 Public notice of content of water use plan As soon as practicable after the final draft water use plan is approved, the chief executive must-- (a) publicly notify the requirements of the plan for water users; and (b) conduct public meetings to explain the requirements. 67 Public notice of intention not to proceed with making of draft water use plan (1) This section applies if the Minister decides not to proceed with the preparation of a draft water use plan. (2) The Minister must publish a notice advising of the decision and the reasons for the decision. (3) The Minister must send a copy of the notice to each local government or other entity to whom the Minister sent a notice-- (a) about the proposed preparation of the draft plan; and (b) if a draft plan was prepared--about the draft plan. (4) A local government receiving a copy of the notice must make the copy available for inspection by the public. 68 When water use plans may be amended or replaced (1) The Minister may-- (a) amend a water use plan; or (b) prepare a new water use plan to replace an existing water use plan. (2) The Minister must act under subsection (1) if the Minister is satisfied a water use plan is not addressing the risk to land and water arising from the use of water on land in the plan area. 69 Preparing amending or new draft water use plan (1) For preparing the amending plan, sections 61 to 67 apply-- (a) as if a reference in the sections to the draft plan were a reference to the amending plan; and (b) with any other necessary changes. (2) For preparing the new draft water use plan, sections 61 to 67 also apply. 70 Minor or stated amendments of water use plan Despite section 69, the Governor in Council may approve a plan to amend a water use plan without sections 61 to 67 applying-- (a) if the amending plan is only to correct a minor error in the water use plan, or make another change that is not a change of substance; or (b) if the water use plan states that an amendment of a stated type may be made to the water use plan by amendment under this subsection- -to make an amendment of the stated type. 71 No regulatory impact statement for water use plans A regulatory impact statement under the Statutory Instruments Act 1992 need not be prepared for the approval of a water use plan or a plan amending a water use plan. 72 Preparing guidelines for preparing land and water management plans (1) The chief executive may issue guidelines for preparing land and water management plans. (2) Before issuing the guidelines the chief executive must-- (a) prepare draft guidelines; and (b) publish a notice when the draft guidelines have been prepared. (3) The notice must state the following-- (a) where copies of the draft guidelines may be inspected and, on payment of a fee, purchased; (b) that written submissions may be made by any entity about the draft guidelines; (c) a day by which submissions must be made, and the person to whom, and the place where, the submissions must be made. (4) The day stated under subsection (3)(c) must not be earlier than 30 business days after the day the notice is published. (5) The chief executive may send a copy of the notice to any entity the chief executive considers appropriate. (6) The chief executive may amend any guidelines issued by following the procedures stated in subsections (2) to (5). 73 Requirement for land and water management plans (1A) Subsection (1) does not apply to a person proposing to use, for irrigating land outside Queensland, water taken under a water entitlement or seasonal water assignment. (1) Subsection (5) applies to the following persons-- (a) a person proposing to use, for irrigation, water taken under a water allocation or an interim water allocation; (b) a person who-- (i) has used, for irrigation, water the person received under a seasonal water assignment, other than in combination with water taken under any other authority under this Act; and (ii) within the time prescribed under a regulation, proposes to again use, on the same land, water the person has received under a seasonal water assignment, other than in combination with water taken under any other authority under this Act; (c) a person proposing to use, for irrigation, water taken under a water licence issued under section 212 if a resource operations plan states that use of the water requires an approved land and water management plan; (d) a person using for irrigation water on land identified in a water use plan as land on which irrigation must only be carried out under an approved land and water management plan. (2) Subsection (1)(a) does not apply to the person-- (a) if the person was granted a water allocation under section 121; or (b) if the person was granted, or taken to have been granted, an interim water allocation under section 187 or chapter 9, part 4; or (c) if-- (i) the person continues an enterprise, previously operated by another person, comprising either-- (A) land and the water allocation to irrigate the land; or (B) land to which an interim water allocation attaches; and (ii) at the time the person started operating the enterprise-- (A) subsection (1) did not apply to the other person; and (B) the other person was not required, whether under a contract with the State or otherwise, to have an approved land and water management plan for the use of the water on the land; or (d) if-- (i) the person uses water for irrigating land; and (ii) there is a water use plan; and (iii) the water use plan does not require a land and water management plan for the land. (2A) Despite subsection (2), subsection (5) applies to a person who-- (a) in a water year used, for irrigation, a combination of the following-- (i) water taken under a water allocation or an interim water allocation; (ii) water the person received under a seasonal water assignment; and (b) the combination exceeds the nominal volume for the allocation; and (c) within the time prescribed under a regulation, proposes to again use, on the same land, the combination mentioned in paragraph (a) that will exceed the nominal volume. (3) However, subsection (1)(a) applies to a person, other than a person mentioned in subsection (2)(c), who acquires an interim water allocation from a person mentioned in subsection (2)(b) and continues to apply to the person, and to any person who subsequently acquires the interim water allocation, even if-- (a) the interim water allocation is converted under section 121; and (b) the person is granted a water allocation. (4) Subsection (1)(a) also applies to a person mentioned in subsection (2)(a) or (c) if the location from which the water may be taken under the allocation is changed. (5) A person to whom subsection (1) applies must not use the water from the water allocation, interim water allocation, water licence or seasonal water assignment for irrigation unless the person has-- (a) an approved land and water management plan for the use of the water on the land; or (b) a deferral under subdivision 6. Maximum penalty--1665 penalty units. (6) In this section-- seasonal water assignment means only the seasonal water assignment of the benefit of water taken under an interim water allocation or a water allocation. 74 Applying for approval of land and water management plans (1) Any person may apply for the approval of a land and water management plan for the use of water on land. (2) The plan must be prepared in accordance with the guidelines, if any, issued under section 72. (3) The application must be-- (a) made to the chief executive in the approved form; and (b) supported by sufficient information to enable the chief executive to decide the application; and (c) accompanied by the fee prescribed under a regulation. (4) Subsection (5) applies if a person holds a certificate from an organisation approved by the chief executive to provide an accredited farm management system program stating that the person's farm management system satisfies the requirements of the program. (5) The person may apply under this section for approval of the person's farm management system as a land and water management plan. (6) An application mentioned in subsection (5) must be supported by the certificate mentioned in subsection (4). 75 Additional information may be required The chief executive may require-- (a) the applicant to give additional information about the application; or (b) any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration. 76 Criteria for deciding application for approval of land and water management plan (1) In deciding whether to approve or refuse to approve the plan, the chief executive must consider the following-- (a) consistency with any guidelines for the preparation of land and water management plans issued by the chief executive; (b) the application and additional information given in relation to the application; (c) the risk to land and water arising from the use of water on the land; (d) existing industry codes of practice for water use; (e) policies developed in consultation with local communities for the use of water; (f) the public interest. (2) Subsection (1)(a) does not apply to an application for approval of a farm management system as a land and water management plan. 77 Deciding application for approval of land and water management plan (1) If the chief executive is satisfied the plan should be approved, the chief executive must-- (a) approve the plan for a stated period of not more than 10 years; or (b) approve the plan, as amended by the chief executive, for a stated period of not more than 10 years. (2) If the chief executive is not satisfied the plan should be approved, the chief executive must refuse to approve the plan. (3) Within 30 business days after deciding the application, the chief executive must give the applicant an information notice. (4) If the chief executive approves the plan, with or without amendment, the chief executive must, within 30 business days after approving the plan, give the applicant a copy of the approved plan. (5) The land and water management plan has effect from the day the chief executive gives the applicant the information notice. (6) If the plan replaces a previously approved plan, the previously approved plan expires on the day the chief executive gives the information notice. (7) Subsection (4) does not apply to approval of a farm management system as a land and water management plan. (8) A farm management system approved under this section is taken to be an approved land and water management plan for this Act. 78 Amending land and water management plans (1) Any person may apply to amend a land and water management plan. (2) The application must be dealt with under sections 74 to 77 as if it were an application for approval of a land and water management plan. 78A Minor or stated amendments of land and water management plan Despite section 78(2), the chief executive may approve an amendment of a land and water management plan without sections 74 to 77 applying in either of the following circumstances-- (a) if the amendment is only to correct a minor error in the plan or to make another change that is not a change of substance; (b) if the plan states that an amendment of a stated type may be made to the plan by amendment under this subsection--to make an amendment of the stated type. 79 Applying to defer requirement for an approved land and water management plan (1) A person required to have an approved land and water management plan may apply for a deferral of the requirement. (2) The application must be-- (a) made to the chief executive in the approved form; and (b) supported by sufficient information to enable the chief executive to decide the application; and (c) accompanied by the fee prescribed under a regulation. 80 Additional information may be required The chief executive may require-- (a) the applicant to give additional information about the application; or (b) any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration. 81 Criteria for deciding application to defer requirement for an approved land and water management plan In deciding whether to approve or refuse the application, the chief executive must consider the following-- (a) the hardship the applicant would suffer if the application were not granted; (b) the susceptibility of the land and water, the subject of the application, to degradation; (c) the application and additional information given in relation to the application; (d) the public interest. 82 Deciding application to defer land and water management plan requirements (1) If the chief executive is satisfied the application should be approved, the chief executive must approve the application and defer the requirement under section 73(3) for a stated period of not more than 1 year. (2) More than 1 application may be made under subsection (1). (3) However, the approval of an application under subsection (1) must not defer the requirement under section 73(3) beyond 1 year after the day the applicant first applied under subsection (1). (4) If the chief executive is not satisfied an application should be approved, the chief executive must refuse the application. (5) Within 10 business days after deciding the application, the chief executive must give the applicant an information notice. (6) The deferral has effect from the day the chief executive gives the applicant the information notice. 94 Purpose of pt 4 The purpose of this part is to-- (a) implement water resource plans through-- (i) the preparation of resource operations plans; and (ii) the granting of resource operations licences; and (iii) the conversion of certain existing water licences and interim water allocations to water allocations; and (iv) the granting of water allocations; and (b) allow for the registration of, and dealings with, water allocations. 95 Chief executive may prepare resource operations plans (1) The chief executive may prepare a resource operations plan to implement a water resource plan for any water in the plan area in all or part of the plan area. (2) Only 1 resource operations plan may have effect for each water resource plan at any time. (3) However, before preparing a resource operations plan, the chief executive must prepare a draft resource operations plan. 96 Public notice of proposal to prepare draft resource operations plan (1) The chief executive must publish a notice of the chief executive's intention to prepare a draft resource operations plan. (2) The notice must state the following-- (a) the proposed plan area; (b) the water to which the draft plan is intended to apply; (c) details of how it is intended that community and technical consultation for the preparation of the draft plan will take place; (d) that written submissions may be made by any entity about the proposed draft plan; (e) a day by which submissions must be made, and the person to whom, and the place where, the submissions must be made. (3) The day stated under subsection (2)(e) must not be earlier than 30 business days after the day the notice is published. (4) As soon as practicable after the notice is published, the chief executive must explain, by letter or public meetings, the implications of the notice to as many affected water entitlement holders as possible. (5) The chief executive must send a copy of the notice to each local government whose local government area includes all or part of the proposed plan area. (6) A local government receiving a copy of the notice must make the copy available for inspection by the public. (7) The chief executive may send a copy of the notice to any other entity the chief executive considers appropriate. 97 Notice of proposal to water infrastructure operators (1) The chief executive must also give each holder of an interim resource operations licence, a resource operations licence or other authorisation to operate water infrastructure for the management of water to which the proposed plan is intended to apply a notice requesting the holder to provide proposed arrangements for the management of the water, including, for example, water allocation change rules and water and natural ecosystem monitoring practices. (2) The arrangements must demonstrate how the holder proposes to operate any infrastructure to which the proposed plan is intended to apply, to comply with the requirements of-- (a) the water resource plan or draft water resource plan; or (b) if notice of a draft amendment of the existing plan has been published under section 49--the existing plan as it would be if amended by the amendment mentioned in the notice; or (c) if notice of a new draft plan has been published under section 49--the new draft plan mentioned in the notice. (3) The notice must state a day by which proposals must be made, and the person to whom, and the place where, the proposals must be made. (4) The day stated under subsection (3) must not be earlier than 30 business days after the day the notice is given. 98 Content of draft resource operations plan (1) The draft resource operations plan must-- (a) state the water resource plan for which the draft plan is being prepared; and (b) contain a map of the proposed plan area; and (c) state the water to which the draft plan is intended to apply; and (d) identify any water infrastructure to which the draft plan is intended to apply and how it will be operated; and (e) state how the chief executive will sustainably manage water to which the draft plan is intended to apply; and (f) state the water and natural ecosystem monitoring practices that will apply in the proposed plan area; and (g) state how the draft plan addresses water resource plan outcomes. (2) The draft plan may include, but is not limited to, the following-- (a) a map or diagram, or a series of maps or diagrams, showing water information for the proposed plan area; (b) environmental management rules, seasonal water assignment rules and water sharing rules for the water to which the draft plan is intended to apply; (c) a process for granting, reserving or otherwise dealing with unallocated water to which the draft plan is intended to apply; (d) a process for meeting future water requirements in the plan area; (e) details of any changes to be made to water entitlements; (f) an implementation schedule setting out arrangements for progressive implementation of the requirements of the plan over a period of up to 5 years. (3) If the draft plan provides for the regulating of overland flow water, the draft plan must set a minimum share of overland flow water that each owner of land in the proposed plan area may take. (4) Also, if the draft plan provides for water allocations, the draft plan must state the following-- (a) the rules for, and details of, any proposed conversions of existing water licences, interim water allocations and other authorities, to take water or to interfere with the flow of water, to water allocations; (b) the environmental management rules, water sharing rules, water allocation change rules and seasonal water assignment rules for water to which the draft plan is intended to apply. (5) The water allocation change rules may contain limits on the volume of water that may be transferred-- (a) between different locations whether in or outside Queensland; or (b) for different purposes. (6) The draft plan, to the extent it applies to a wild river area, must not be inconsistent with the wild river declaration for the area. 99 Matters the chief executive must consider when preparing draft resource operations plan The chief executive must consider the following for the proposed plan area when preparing the draft resource operations plan-- (a) the-- (i) water resource plan or draft water resource plan; or (ii) if notice of a draft amendment of the existing plan has been published under section 49--existing plan as it would be if amended by the amendment mentioned in the notice; or (iii) if notice of a new draft plan has been published under section 49--new draft plan mentioned in the notice; (b) all properly made submissions about the proposed draft plan; (ba) any system operating plan applying to the proposed plan area, or a part of the proposed plan area; (c) proposed operating arrangements mentioned in section 97; (ca) to the extent the draft plan applies to a wild river area--the wild river declaration for the area; (d) the public interest. 100 Public notice about availability of draft resource operations plan (1) The chief executive must publish a notice when the draft resource operations plan has been prepared. (2) The notice must state the following-- (a) where copies of the draft plan are available for inspection and purchase; (b) that written submissions may be made by any entity about the draft plan; (c) a day by which submissions must be made and the person to whom, and the place where, the submissions must be made; (d) that a notice under section 101 may be given at any time before the resource operations plan commences. (3) The day stated under subsection (2)(c) must not be earlier than 30 business days after the day the notice is published. (4) As soon as practicable after the notice is published, the chief executive must explain, by letter or public meetings, the implications of the notice to as many affected water entitlement holders as possible. (5) The chief executive must send a copy of the notice and draft plan to-- (a) each local government whose local government area includes all or part of the proposed plan area; and (b) each holder who made a proposal under section 97. (6) A local government receiving a copy of the draft plan must make the copy available for inspection by the public. (7) The chief executive may send a copy of the notice to any other entity the chief executive considers appropriate. 101 Additional requirements for notices for draft resource operations plans that establish water allocations (1) If the draft plan allows for water allocations to be granted, the notice published under section 100 must also state that-- (a) any existing water entitlement holders may give the chief executive a notice in the approved form stating the holders wish to be recorded on the water allocations register other than as tenants in common in equal shares; and (b) existing interest holders may give the chief executive a notice in the approved form stating the interest holder intends to take action to have the holder's interest recorded on the water allocations register; and (c) if an interest holder who gives the chief executive a notice under paragraph (b) has the consent of the proposed water allocation holder to the encumbering of the proposed water allocation with the interest the interest holder has in the existing water entitlement or other authority to take water, the interest holder may give the chief executive notice of the consent in the approved form. (2) It is declared that-- (a) an existing mortgagee of land to which an existing water entitlement or other authority to take water attaches is an existing interest holder; and (b) the existing mortgagee's interest under the mortgage in the land is an existing interest in the existing water entitlement or other authority to take water. (3) It is also declared that a person is not a proposed water allocation holder under subsection (1)(c) unless-- (a) the person is the registered owner of all of the land to which the existing water entitlement or other authority to take water relates; and (b) the interest the interest holder has in the existing water entitlement or other authority to take water relates to all of the land. 102 Reviewing submissions about draft resource operations plan (1) This section applies if a properly made submission about a draft resource operations plan requests a change be made to-- (a) a proposed water allocation; or (b) an environmental management rule; or (c) a water sharing rule; or (d) an implementation schedule. (2) After the last day for the making of submissions about the draft resource operations plan, the chief executive must-- (a) collate information about all properly made submissions made about matters mentioned in subsection (1); and (b) if a referral panel has not been established under section 1004 to advise on the draft resource operations plan--establish a panel; and (c) give the collated information to the panel. (3) The panel must review the draft plan and the submissions and make recommendations to the chief executive within 30 business days after receiving the collated information from the chief executive. (4) However, subsection (2) does not apply for a submission if the chief executive is satisfied that-- (a) the submission made about a matter mentioned in subsection (1) is inconsistent with the water resource plan; or (b) the draft resource operations plan should be amended in accordance with the submission. 103 Preparing and approving final draft resource operations plan (1) This section applies if-- (a) the chief executive has published a notice under section 100(1) (the plan notice) about a draft resource operations plan to implement a water resource plan (the notified draft); and (b) the period under the plan notice for making submissions has ended; and (c) if section 102(2) applied for the notified draft--referral panel recommendations have been made for the notified draft. (2) The chief executive may decide to prepare, or not to prepare, a final draft resource operations plan in relation to the notified draft (the final draft). (3) The chief executive may, in preparing the final draft, decide to defer making any provisions about a particular aspect provided for under the notified draft (a deferred aspect) and consider later whether or not to amend under section 105A to make provisions about the deferred aspect. Examples of what a deferred aspect may be about-- a particular part of the proposed plan area under the notified draft a particular type of water entitlement a type of water to which the notified draft applied (4) In making a decision under this section or preparing the final draft, the chief executive must consider the submissions and, if section 102(2) applied for the notified draft, the referral panel recommendations. (5) The Governor in Council may approve the final draft if-- (a) the final draft is not inconsistent with the water resource plan; and (b) if the final draft has a deferred aspect, the chief executive has-- (i) published a notice that identifies the deferred aspect and states that the final draft has been prepared without provisions about that aspect; and (ii) given a copy of the notice under subparagraph (i) to each local government and holder to whom the chief executive was, under section 100(5), required to send a copy of the plan notice. (6) Notice of the approval must be gazetted. (7) When approved, the final draft is the resource operations plan for the water resource plan. (8) In this section-- referral panel recommendations means recommendations under section 102(3) about the notified draft. 104 Public notice of intention not to proceed with making of draft or final draft resource operations plan (1) This section applies if the chief executive decides not to proceed with the preparation of a draft resource operations plan or final draft resource operations plan. (2) The chief executive must publish a notice advising of the decision and the reasons for the decision. (3) The chief executive must send a copy of the notice to each local government or other entity to whom the chief executive sent a notice-- (a) about the proposed preparation of the draft plan; and (b) if the draft plan was prepared--about the draft plan having been prepared. 104A Public notice of intention not to amend to provide for deferred aspect (1) This section applies if-- (a) a resource operations plan has a deferred aspect; and (b) the chief executive decides not to amend the resource operations plan to include provisions about the deferred aspect. (2) The chief executive must-- (a) publish a notice advising of the decision and the reasons for it; and (b) give a copy of the notice to each local government and holder to whom the chief executive was required to give notice under section 103(5)(b) about the deferred aspect. 104B Public access to particular notices If, under section 103(5)(b)(ii), 104(3) or 104A(2)(b), a local government receives a copy of a notice it must make the copy available for inspection by the public. 105 General provision for amending resource operations plan (1) The chief executive may amend a resource operations plan. (2) If because of an amendment to a water resource plan a resource operations plan is inconsistent with the water resource plan, the chief executive must amend the resource operations plan to ensure it is not inconsistent with the water resource plan. (3) Sections 95 to 104 must be followed for preparing the amendment-- (a) as if a reference in the sections to preparing a draft plan were a reference to preparing the amendment; and (b) with any other necessary changes. (4) Without limiting subsection (1) or (2), the amendment may-- (a) change the plan area; or (b) amalgamate the resource operations plan with another resource operations plan or part of another resource operations plan; or (c) change the water infrastructure operating arrangements and other requirements of the plan; or (d) improve the relationship between the resource operations plan and any system operating plan applying to the plan area, or a part of the plan area. (5) However, sections 96, 97 and 99(b) to (d) do not apply to the preparation of an amendment to a resource operations plan if-- (a) the chief executive is satisfied that sufficient public notice of, and opportunity to make submissions on, the proposed amendment, will be available under section 100; or (b) the amendment is of a type that the resource operations plan states may be made to the plan under this subsection. 105A Amendment to provide for deferred aspect (1) This section applies only if a resource operations plan has a deferred aspect and the plan has not previously been amended to include provisions about that aspect. (2) Despite section 105(3), the Governor in Council may approve an amendment of the resource operations plan without sections 95 to 104 applying if the amendment-- (a) is about the deferred aspect; and (b) is not inconsistent with the water resource plan that the resource operations plan implements. 106 Minor or stated amendments of resource operations plan Despite section 105(3), the Governor in Council may approve an amendment of a resource operations plan without sections 95 to 104 applying if-- (a) the amendment is only to correct a minor error in the plan, or make another change that is not a change of substance; or (b) if the plan states that an amendment of a stated type may be made to the plan by amendment under this subsection--to make an amendment of the stated type; or (c) in relation to a wild river area-- (i) the water resource plan has been amended under section 57(c); and (ii) the amendment of the resource operations plan is to ensure consistency with the water resource plan as amended. 107 Effect of resource operations plan On and from the day a resource operations plan has effect-- (a) the interim resource operations licences and other authorisations to operate infrastructure identified in the plan cease to have effect; and (b) the chief executive must grant resource operations licences and distribution operations licences in the approved form and in accordance with the plan for the water to which the plan applies. 107A Authority to interfere with water (1) A resource operations licence authorises the holder of the licence to interfere with the flow of water to the extent necessary to operate the water infrastructure to which the licence applies. (2) A distribution operations licence authorises the holder of the licence to take water or interfere with the flow of water to distribute water under water allocations. (3) A resource operations licence or a distribution operations licence may be held only by-- (a) the owner of the water infrastructure to which the licence applies; or (b) if the owner of the water infrastructure to which the licence applies is a subsidiary company, the parent company of the subsidiary. 108 Granting resource operations licences and distribution operations licences (1) Subsection (2) applies if a resource operations plan states a process for the granting of-- (a) a resource operations licence to meet future water requirements; or (b) a distribution operations licence to meet future water distribution requirements. (2) The chief executive must follow the process and grant the licence in accordance with the process. (3) Within 30 business days after the chief executive grants the licence, the chief executive must give the grantee the licence and an information notice about the granting of the licence. (4) The licence has effect on the day stated in the licence. 108A Applying for a distribution operations licence other than under a resource operations plan (1) A person may apply for a distribution operations licence not granted under a resource operations plan. (2) The application must be-- (a) made to the chief executive in the approved form; and (b) supported by details of-- (i) all water distributed, or intended to be distributed, by the applicant and taken, or to be taken, under water allocations; and (ii) the names and addresses of the holders of existing water allocations mentioned in subparagraph (i) and details of any existing arrangements for the distribution of the water; and (iii) the applicant's proposed arrangements for any distribution infrastructure; and (iv) any other information that may enable the chief executive to decide the application; and (c) accompanied by the fee prescribed under a regulation. 108B Additional information may be required The chief executive may require-- (a) the applicant to give additional information about the application; or (b) any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration. 108C Deciding application for distribution operations licence (1) In deciding whether to grant the application, the chief executive must consider the application and any additional information given in relation to the application. (2) The chief executive may also consider whether the applicant has been convicted of an offence against this Act, the repealed Act or an interstate law. (3) If the chief executive is satisfied the application should be granted, the chief executive may grant the application, with or without conditions. (4) If the chief executive is not satisfied the application should be granted, the chief executive must refuse to grant the application. (5) Within 30 business days after deciding the application, the chief executive must give the applicant an information notice about the decision on the application and, if the chief executive has decided to grant the licence, a distribution operations licence. (6) The licence takes effect from the day the applicant is given the information notice. (7) Subsections (1) and (2) do not limit the matters the chief executive may consider in deciding whether to grant the application. 109 Content of resource operations licence or distribution operations licence A resource operations licence or distribution operations licence must state, but is not limited to, the following-- (a) details of the licence holder; (b) any resource operations plan to which the licence relates; (c) any water infrastructure to which the licence applies; (d) any conditions the holder must comply with. 110 Conditions of resource operations licence or distribution operations licence (1) It is a condition of a resource operations licence or a distributions operations licence that the licence holder must comply with any operating arrangements and supply or distribution requirements of the resource operations plan that relate to the holder and with section 360ZA. (1A) If there is more than 1 resource operations licence holder in a water supply scheme, the operating arrangements of the resource operations plan for the scheme relate to all resource operations licence holders in the scheme. (2) In addition to subsection (1), a condition of a licence may-- (a) require the holder to do all or any of the following-- (i) install a meter to measure the taking of or interfering with water through the water infrastructure to which the licence applies; (ii) carry out and report on a stated monitoring program; (iii) give the chief executive information reasonably required by the chief executive about the holder's performance under the licence and information about resource management aspects of the holder's operations for the administration or enforcement of this Act; (iv) pay the fees prescribed under a regulation; and (b) prohibit the holder from changing, replacing or operating any water infrastructure if the change, replacement or operation of the water infrastructure is incompatible with the objectives of the water resource plan for the area to which the licence relates. 111 Amending a licence for consistency with a plan (1) The chief executive must amend a resource operations licence or a distribution operations licence if, because of an amendment to the resource operations plan to which the licence relates, the licence or a distribution operations licence is inconsistent with the plan. (2) As soon as possible after the amendment is approved, the chief executive must-- (a) amend the licence to ensure it is consistent with the plan; and (b) give the licence holder an information notice stating the aspects of the existing licence that are inconsistent with the amended plan; and (c) give the holder an amended licence in the approved form. (3) The amended licence takes effect from the day the chief executive gives the holder the notice. 111A Amending a licence under a plan process (1) Subsection (2) applies if a resource operations plan states a process for amending a resource operations licence or a distribution operations licence. (2) The chief executive must follow the process and amend the licence in accordance with the process. (3) Within 30 business days after the chief executive amends the licence, the chief executive must give the licence holder-- (a) an amended licence in the approved form; and (b) an information notice. (4) The amended licence takes effect from the day the chief executive gives the licence holder the information notice. 112 Other amendments chief executive may make to licence (1) The chief executive may amend a condition of a resource operations licence or a distribution operations licence if the chief executive is satisfied-- (a) the licence was granted because of a materially false or misleading representation or declaration made, either orally or in writing, by the licence holder; or (b) the licence holder has contravened this Act. (2) Before the chief executive acts under subsection (1), the chief executive must give the holder a show cause notice about the proposed amendment. (3) In deciding whether to amend the condition, the chief executive must consider any properly made submission about the proposed amendment. (4) If the chief executive is satisfied the proposed amendment should be made, the chief executive must give the holder-- (a) an amended licence in the approved form; and (b) an information notice. (5) If the chief executive is not satisfied the amendment should be made, the chief executive must give the holder notice that the licence will not be amended. (6) The amended licence takes effect from the day the chief executive gives the holder the information notice. 113 Minor, stated or agreed amendments of licence (1) The chief executive may amend a resource operations licence or a distribution operations licence without complying with the provisions of this subdivision about amending a licence if the amendment is only-- (a) to correct a minor error in the licence, or make another change that is not a change of substance; or (b) if the licence states that an amendment of a stated type may be made to the licence by amendment under this subsection--to make an amendment of the stated type; or (c) if the licence holder agrees to the amendment. (2) If the chief executive amends a licence under subsection (1), the chief executive must, within 30 business days of amending the licence, give the holder an amended licence in the approved form. 114 Applying for transfer of licence (1) The holder of a resource operations licence or a distribution operations licence may apply to the chief executive to transfer the licence or a part of the licence. (2) The application must be-- (a) made to the chief executive by the transferor in the approved form; and (b) supported by sufficient information to enable the chief executive to decide the application; and (c) accompanied by the fee prescribed under a regulation. 115 Additional information may be required (1) The chief executive may require-- (a) the applicant to give additional information about the application; or (b) any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration. (2) If the applicant fails, without reasonable excuse, to comply with the requirement within the reasonable time stated in the requirement, the application lapses. 116 Deciding application to transfer licence The chief executive must decide the application within 30 business days after-- (a) if the chief executive does not request further information from the applicant about the application--the day the chief executive received the application; or (b) if the chief executive requests further information from the applicant about the application--the day the chief executive receives the information. 117 Approving application to transfer licence (1) If the chief executive decides to approve the application, the chief executive must, within 30 business days after making the decision-- (a) give the transferor and transferee an information notice about the approval; and (b) cancel the existing licence and give a new licence to the transferee. (2) If the application was not to transfer all of a licence, the chief executive must, within 30 business days after making the decision, give the transferor an amended licence for the part not transferred. (3) The new licence takes effect from the day the notice is given. 118 Refusing application to transfer licence (1) The chief executive may refuse the application if the chief executive is satisfied the transferee does not have the necessary expertise or experience to be a licence holder or is not a suitable person to hold the licence, including, for example-- (a) if the transferee has been convicted of an offence against this Act or an interstate law or has held 1 of the following licences (each a relevant licence) that has been cancelled or suspended under this Act or an interstate law-- (i) a resource operations licence; (ii) an interstate resource operations licence; (iii) a distribution operations licence; (iv) an interstate distribution operations licence; or (b) if the transferee is a corporation--an executive officer of the corporation-- (i) has been convicted of an offence against this Act or an interstate law, or has held a relevant licence that has been cancelled or suspended under this Act or an interstate law; or (ii) is or has been an executive officer of another corporation that has been convicted of an offence against this Act or an interstate law, or has held a relevant licence that has been cancelled or suspended under this Act or an interstate law. (2) The chief executive may also refuse the application on grounds not mentioned in subsection (1). (3) If the chief executive decides to refuse the application, the chief executive must give the applicant an information notice within 30 business days after making the decision. (4) In this section-- this Act includes the repealed Acts. 118A Amalgamating licences (1) The holder of a resource operations licence may apply to the chief executive to amalgamate, into a single licence, the resource operations licence with another resource operations licence in the same water supply scheme. (1A) The holder of a distribution operations licence may apply to the chief executive to amalgamate, into a single licence, the distribution operations licence with another distribution operations licence in the same water supply scheme. (2) An application under subsection (1) or (1A) must be-- (a) in the approved form; and (b) accompanied by the written consent of the holder of the other licence; and (c) supported by sufficient information to enable the chief executive to amalgamate the licences; and (d) accompanied by the fee prescribed under a regulation. (3) The chief executive must grant the application. (4) Within 30 business days after granting the application, the chief executive must-- (a) give the applicant and the holder of the other licence notice of the amalgamation; and (b) cancel the existing licences and give a new licence to the applicant. (5) The new licence takes effect from the day the notice is given. 119 Cancelling licence (1) The chief executive may cancel a resource operations licence or a distribution operations licence on the following grounds-- (a) the licence holder has not complied with a condition of the licence or a requirement of the holder under this Act; (b) the holder has been convicted of an offence against this Act; (c) the licence was granted because of a materially false or misleading representation or declaration made, either orally or in writing, by the holder. (2) Subsection (1)(a) does not apply if the holder has been convicted under section 813 for the non-compliance. 119A Procedure for cancelling licence (1) If the chief executive is satisfied the licence should be cancelled, the chief executive must give the licence holder a show cause notice about the proposed cancellation. (2) If, after considering any properly made submission about the proposed cancellation, the chief executive is still satisfied the licence should be cancelled, the chief executive may cancel the licence. (3) If the chief executive decides to cancel the licence, the chief executive must give the holder an information notice within 10 business days after the chief executive makes the decision. (4) The decision takes effect on the later of-- (a) if the applicant does not appeal against the decision--the day the period for appeals ends; or (b) if the applicant appeals against the decision but withdraws the appeal--the day the appeal is withdrawn; or (c) if the applicant appeals against the decision and the appeal is dismissed--the day the appeal is decided. (5) However, if the licence is cancelled because of the conviction of a person for an offence-- (a) the cancellation does not take effect until the later of-- (i) the day the period for appeals against the conviction ends; or (ii) if the appeal is made against the conviction--the appeal is finally decided; and (b) the cancellation has no effect if the conviction is quashed on appeal. 119B Cancelling licence no longer required (1) The chief executive may cancel a resource operations licence if-- (a) another resource operations licence has been granted to replace the licence to be cancelled; or (b) the chief executive and the resource operations licence holder have agreed the resource operations licence is no longer required. (1A) The chief executive may cancel a distribution operations licence if-- (a) another distribution operations licence has been granted to replace the licence to be cancelled; or (b) the chief executive and the distribution operations licence holder have agreed the distribution operations licence is no longer required. (2) If the chief executive decides to cancel the resource operations licence under subsection (1) or the distribution operations licence under subsection (1A), the chief executive must, within 30 business days after making the decision, give the licence holder an information notice about the decision to cancel the licence. (3) The cancellation takes effect from the day the chief executive gives the licence holder the notice. 119C Preparing regular audit reports The chief executive may prepare an audit report-- (a) about a resource operation licence holder's or a distribution operations licence holder's compliance with the licence; and (b) to verify the accuracy of monitoring and reporting information given to the chief executive by the holder. 119D Access for conducting audit reports A resource operations licence holder and a distribution operations licence holder must give any person authorised by the chief executive to participate in conducting an audit under this subdivision, free and uninterrupted access to the holder's infrastructure and any records relating to the infrastructure for conducting the audit. Maximum penalty--200 penalty units. 120B Meaning of volumetric limit for div 4 (1) The volumetric limit for a water allocation is stated on the allocation. (2) Unless subsection (3) applies, the volumetric limit is the maximum volume of water, in megalitres, that may be taken under the allocation during the period of time, or in the circumstances, stated in the resource operations plan under which the allocation is managed. (3) If the resource operations plan contains a water sharing rule about volumetric limits that applies to the water allocation, the volumetric limit is used to calculate, under the rule, the maximum volume that may be taken during a particular period of time or in particular circumstances. 121 Converting water entitlements (1) On the day a resource operations plan or any amendment of a resource operations plan commences-- (a) all water licences, interim water allocations or other authorities to take water, to be converted under the plan or the amendment, expire and the chief executive must grant to the holders of the expired water licences, interim water allocations or other authorities, the water entitlements stated in the plan or amendment; and (b) the registrar must record on the water allocations register details of each water allocation granted. (2) If an allocation is managed under a resource operations licence, the allocation holder and the resource operations licence holder must have a supply contract for the allocation. (3) Subsection (2) does not apply if-- (a) the resource operations licence holder and the allocation holder are the same person; or (b) the allocation holder is a subsidiary company of the resource operations licence holder. (4) Subsection (5) applies if the chief executive has been given a notice under section 101(a). (5) The allocation must be recorded in accordance with the notice. (8) Within 30 business days after the chief executive grants the allocation, the chief executive must give the allocation holder a notice about the granting of the allocation. (9) The allocation has effect the day the granting of the allocation is recorded. 122 Granting water allocations (1) Subsection (2) applies if a resource operations plan states a process for the granting of a water allocation to meet future water requirements. (2) The chief executive must follow the process and grant the allocation in accordance with the process. (3) On the day the allocation is granted, the registrar must record on the water allocations register details of the allocation. (4) If the allocation is managed under a resource operations licence, the allocation holder and the resource operations licence holder must have a supply contract for the allocation. (5) Subsection (4) does not apply if the resource operations licence holder and the allocation holder are the same person or related entities. (6) Within 30 business days after the chief executive grants the allocation, the chief executive must give the allocation holder a notice about the granting of the allocation. (7) The allocation has effect the day the registrar records the granting of the allocation in the register. 122A Chief executive may approve standard supply contracts (1) The chief executive may approve standard supply contracts for the storage and delivery by resource operations licence holders of water under water allocations. (2) Different supply contracts may be approved for different areas of the State. (3) The chief executive must gazette the approval of each standard supply contract. (4) On the day an allocation is granted, the standard supply contract for the area applies to the allocation unless-- (a) the allocation holder and the resource operations licence holder have a supply contract for the allocation; or (b) section 121(3) applies to the allocation. (5) The parties to the supply contract must review the contract within 1 year after the day the contract takes effect. 123 Relationship between plans and water allocation (1) The taking of water under a water allocation from the plan area for a water resource plan is subject to that plan and the resource operations plan that implements the water resource plan. (2) If there is a conflict between either plan and the water allocation, the plan prevails. 124 Security for supply and storage of water allocation If a water allocation is managed under a resource operations licence, the licence holder may require the allocation holder to give the licence holder reasonable security for supplying and storing the allocation. 125 Amending water allocations (1) Subsection (2) applies if-- (a) a resource operations plan or amendment of a resource operations plan states that a water allocation must be amended; or (aa) a resource operations plan states, for a water allocation, the water management area that includes the location from which the water may be taken; or (b) the name of the resource operations licence, under which a water allocation is managed, is changed. (2) The chief executive must amend the water allocation in accordance with the plan or the change and give the allocation holder a notice about the amendment. (3) On the day the allocation is amended, the registrar must record on the water allocations register details of the amendment. (4) The amendment has effect the day the registrar records the amendment in the register. 126 Correcting water allocation when recording granting or amendment (1) When the registrar records a matter under this division, the registrar may make any necessary corrections to the name of the existing water entitlement holder when recording the granting or amending of the water allocation. (2) For subsection (1), the chief executive may require-- (a) the applicant to give additional information about the correction; or (b) any information about the correction, or any additional information required under paragraph (a), to be verified by statutory declaration. 127 Registration details for water allocations (1) The entry on the water allocations register for a water allocation must state the following-- (a) details of the person who holds, and how the person holds, the allocation; (b) a nominal volume for the allocation; (c) the location from which the water may be taken; (d) the purpose, including, for example, agricultural, industrial or urban, for which the water may be taken; (e) any conditions required by the chief executive to be entered on the register; (f) the resource operations plan under which the water allocation is managed; (g) other matters prescribed under a regulation. (2) If the water allocation is managed under a resource operations licence, the entry on the water allocations register for the allocation must also state the following-- (a) the resource operations licence under which the allocation is managed; (b) the priority group to which the allocation belongs. (3) If the water allocation is not managed under a resource operations licence, the entry on the water allocations register for the allocation must also state the following-- (a) the maximum rate for taking water; (b) the flow conditions under which the water may be taken; (c) the volumetric limit; (d) the water allocation group to which the allocation belongs; (e) the water management area that includes the location from which the water may be taken. 127A Conditions of a water allocation The conditions of a water allocation include-- (a) the volume of water authorised to be taken under the allocation; and (b) any conditions entered on the register under section 127(1)(e); and (c) other conditions prescribed under a regulation. 127B Water allocations to which a distribution operations licence applies (1) This section applies if-- (a) a water allocation is granted under section 121; and (b) at the time the allocation is granted, water may be distributed to the water allocation holder by the holder of a distribution operations licence. (2) The chief executive must give the registrar notice that the water allocation is an allocation to which a distribution operations licence applies. 127C Preservation of obligation in particular circumstances (1) This section applies if-- (a) the location from which water may be taken under a water allocation mentioned in section 127B(1) is changed to a location to which the holder of the distribution operations licence (the licence holder) does not distribute water; or (b) the allocation is subdivided or amalgamated with another allocation. (2) The obligation on the water allocation holder to pay a charge, in relation to the licence holder's distribution works, to the licence holder under the distribution arrangements between the parties continues to attach to the water allocation until the licence holder agrees that the obligation has been satisfied. (3) If the licence holder agrees, under subsection (2), that the obligation has been satisfied, the licence holder must give the chief executive notice in the approved form of the satisfaction. (4) If the chief executive receives notice under subsection (3), the chief executive must give the registrar notice that the allocation is no longer an allocation to which a distribution operations licence applies. 128 Meaning of change to a water allocation (1) For this subdivision, a change to a water allocation is a reconfiguration of any 1 or more of the following elements of the holder's entitlement under the allocation-- (a) the nominal volume for the allocation; (b) the location from which the water may be taken under the allocation; (d) the purpose for which the water may be taken under the allocation; (e) any condition mentioned in section 127(1)(e); (f) the priority group to which the allocation belongs; (g) maximum rate for taking water; (h) the flow conditions under which the water may be taken; (i) the volumetric limit; (j) the water allocation group to which the allocation belongs. (2) However-- (a) for a water allocation not managed under a resource operations licence, the reconfiguration must not-- (i) change the nominal volume for the water allocation; or (ii) allow the taking of more than the water allocation's share of the water available to be taken by holders of water allocations in all water allocation groups in a water resource plan area; and (b) for a water allocation managed under a resource operations licence, the reconfiguration must not-- (i) increase the water allocation's share of the water the resource operations licence holder has available to supply the water allocations managed under the licence; or (ii) increase the water the resource operations licence holder has available to supply the water allocations managed under the licence. 128A Amalgamation or subdivision of water allocations (1) A water allocation holder may apply to the chief executive to-- (a) amalgamate 2 or more water allocations into a single water allocation; or (b) subdivide a water allocation into 2 or more water allocations. (2) The application must be-- (a) in the approved form; and (b) accompanied by the fee prescribed under a regulation. (3) The chief executive must approve the application, with or without conditions, if the chief executive is satisfied the amalgamation or subdivision is consistent with the resource operations plan. (4) The chief executive must not approve the application if the amalgamation or subdivision would result in an increase in the holder's entitlement under the allocation or allocations. (5) The chief executive must, within 10 business days after deciding the application-- (a) give the applicant an information notice; and (b) if the chief executive approves the application--give the applicant a certificate stating that the proposed change is approved. (6) The certificate-- (a) must be in the approved form; and (b) remains valid-- (i) until the date stated in the certificate; or (ii) if the certificate does not state a date--for 40 business days. (7) If the water allocation holder gives the certificate to the registrar, the registrar must record on the water allocations register details of the amalgamation or subdivision. (7A) However, if the allocation is managed under a resource operations licence, the registrar must not act under subsection (7) until the registrar has received from the resource operations licence holder notice in the approved form of the existence of a supply contract between the allocation holder and the resource operations licence holder. (8) Also, if an allocation being amalgamated or subdivided is subject to a registered mortgage, the registrar must not act under subsection (7) unless the mortgagee has consented to the amalgamation or subdivision. (9) The amalgamation or subdivision has effect the day the registrar records the change in the register. 128B Transfers or leases of water allocations (1) A water allocation holder who proposes to transfer or lease a water allocation not managed under a resource operations licence must give the chief executive notice of the proposed transfer or lease. (2) The notice must be-- (a) in the approved form; and (b) accompanied by the fee prescribed under a regulation. (3) The chief executive may require the water allocation holder to give the chief executive additional information about the proposed transfer or lease. (4) The chief executive must give the water allocation holder a certificate about the proposed transfer or lease, within 10 business days after-- (a) receiving the notice; or (b) if the chief executive has required further information under subsection (3)--receiving the additional information. (5) The certificate-- (a) must be in the approved form; and (b) remains valid-- (i) until the date stated in the certificate; or (ii) if the certificate does not state a date--for 40 business days. 129 Changing water allocations permitted under water allocation change rules (1) Subsection (2) applies to a change to a water allocation if the change is permitted under the water allocation change rules of a resource operations plan. (2) The allocation holder may apply to the chief executive to change the allocation in accordance with the rules. (3) The application-- (a) must be in the approved form; and (b) may relate to 1 or more of the elements of the allocation mentioned in section 128; and (c) must be accompanied by the fee prescribed under a regulation. (4) If the change to which the application relates is permitted under the resource operations plan, the chief executive must give the applicant a certificate stating that the proposed change is allowed under the plan. (5) The certificate-- (a) must be in the approved form; and (b) remains valid-- (i) until the date stated in the certificate; or (ii) if the certificate does not state a date--for 40 business days. (6) If the water allocation holder gives the certificate to the registrar, the registrar must record on the water allocations register details of the change. (7) However, if the allocation is managed under a resource operations licence, the registrar must not act under subsection (6) until the registrar has received from the resource operations licence holder notice in the approved form of the existence of a supply contract between the allocation holder and the resource operations licence holder. (8) The change has effect the day the registrar records the change in the register. 129A Changing water allocations assessed under water allocation change rules (1) Subsection (2) applies to a change to a water allocation if the change is assessed under the water allocation change rules of a resource operations plan. (2) The allocation holder may apply to the chief executive to change the allocation in accordance with the rules. (3) The application-- (a) must be in the approved form; and (b) may relate to 1 or more of the elements of the allocation mentioned in section 128; and (c) must be supported by sufficient information to enable the chief executive to decide the application; and (d) must be accompanied by the fee prescribed under a regulation. 130 Other changes to water allocations (1) Subsection (2) applies to a change to a water allocation if the change is not mentioned in a resource operations plan. (2) The allocation holder may apply to the chief executive to change the allocation. (3) The application-- (a) must be in the approved form; and (b) may relate to 1 or more of the elements of the allocation mentioned in section 128; and (c) must be supported by sufficient information to enable the chief executive to decide the application; and (d) must be accompanied by the fee prescribed under a regulation. 131 Additional information may be required (1) For an application made under section 129A or 130, the chief executive may require-- (a) the applicant to give additional information about the application; or (b) any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration; or (c) any submitter to give additional information about the submission. (2) If the applicant fails, without reasonable excuse, to comply with the requirement within the reasonable time stated in the requirement, the application lapses. 132 Public notice of application to change water allocation (1) For an application mentioned in section 130, the chief executive must publish a notice advising the application has been made. (2) The notice must be published within-- (a) if the chief executive does not require further information about the application--30 business days after the application is made; or (b) if the chief executive requires further information about the application--30 business days after the additional information is received. (3) The notice must state the following-- (a) where copies of the application may be inspected and, on payment of a fee, purchased; (b) that written submissions may be made by any entity about the application; (c) a day by which submissions must be made, and the person to whom, and the place where, the submissions must be made. (4) The day stated under subsection (3)(c) must not be earlier than 30 business days after the day the notice is published. (5) The chief executive must send a copy of the notice to each local government whose local government area includes the area where the allocation is located. (6) A local government receiving a copy of the application must make the copy available for inspection by the public. (7) The chief executive may send a copy of the notice to any other entity the chief executive considers appropriate. 133 Applicant to pay cost of researching and investigating application (1) Subsection (2) applies-- (a) to each application made under section 129A or 130; and (b) if the chief executive is satisfied that there will be considerable expense in researching and investigating the application. (2) The chief executive must estimate the likely cost of researching and investigating the application and give the applicant notice of the cost. (3) If the applicant wishes to proceed with the application, the applicant must pay the estimated cost to the chief executive. (4) If the actual cost of researching and investigating the application is less than the estimated cost, the chief executive must refund to the applicant the difference between the cost paid and the actual cost. 134 Deciding application to change water allocation (1A) Subsection (2) applies if the chief executive is satisfied a change to a water allocation to which section 129A applies is in accordance with the water allocation change rules of a resource operations plan. (1) Also, subsection (2) applies if the chief executive is satisfied a change to a water allocation to which section 130 applies-- (a) is compatible with the objectives of the water resource plan for the area to which the water allocation relates; and (b) is in the public interest; and (c) will not significantly affect water entitlement holders, resource operations licence holders or natural ecosystems in an adverse way. (2) The chief executive must approve the application, with or without conditions. (3) If the chief executive is not satisfied under subsection (1A) or (1), the chief executive must refuse the application. (4) Within 10 business days after deciding the application, the chief executive must-- (a) give the applicant, the transferee and any person who gave a properly made submission an information notice; and (b) if the chief executive approves the application without conditions--give the applicant a certificate stating that the change has been approved. (4A) If the chief executive approves the application with a condition requiring the applicant to take some action, the chief executive must give the applicant a certificate stating that the change has been approved within 10 business days after the action is taken. (5) A certificate under subsection (4)(b) or (4A)-- (a) must be in the approved form; and (b) remains valid-- (i) until the date stated in the certificate; or (ii) if the certificate does not state a date--for 40 business days. 135 Registering approved application to change water allocation (1) If the water allocation holder gives the certificate to the registrar, the registrar must record on the water allocations register the details of the change. (2) However, if the allocation is managed under a resource operations licence, the registrar must not act under subsection (1) until the registrar has received from the resource operations licence holder notice of the existence of a supply contract between the proposed allocation holder and the resource operations licence holder. (3) The change has effect the day the registrar records the change in the register. 138 Water allocations may be forfeited (1) Subsection (2) applies if a water allocation holder has been convicted of an offence against this Act. (2) The chief executive may give the holder a show cause notice as to why the allocation should not be forfeited. (3) If, after considering any properly made submission, the chief executive is still satisfied the allocation should be forfeited, the chief executive may forfeit the allocation. (4) If the chief executive decides to forfeit the allocation, the chief executive must give the holder an information notice within 10 business days after the chief executive makes the decision. (5) The forfeiture takes effect on the later of-- (a) if the holder does not appeal against the forfeiture--the day the period for appeals ends; or (b) if the holder appeals against the forfeiture but withdraws the appeal--the day the appeal is withdrawn; or (c) if the holder appeals against the forfeiture and the appeal is dismissed--the day the appeal is decided. (6) If the allocation is forfeited, the chief executive must sell the allocation by public auction, public ballot or public tender. (7) Any money received by the chief executive on the sale of the forfeited allocation must be applied as follows-- (a) firstly--in paying the costs of the sale and any other costs incurred in proceedings under this section; (b) secondly--in discharging any liability of the former allocation holder under this Act to the chief executive under this Act; (ba) thirdly--in discharging the liability, if any, of the former allocation holder for any outstanding debt due to the distribution operations licence holder under distribution arrangements; (c) fourthly--in discharging the liability, if any, of the former allocation holder for any outstanding debt due to the resource operations licence holder under a supply contract; (d) fifthly--in discharging, in accordance with the priorities of their registered interests, any liabilities of the former allocation holder owing to a person who has a registered interest recorded over the forfeited allocation on the water allocations register; (e) sixthly--in payment to the former allocation holder. (8) If the former allocation holder can not be found after making reasonable inquiries as to the holder's whereabouts, an amount payable to the holder must be dealt with as unclaimed money under the Public Trustee Act 1978. (9) The purchaser of an allocation under this section takes the allocation free of all interests. (10) Section 122A(4) and (5) applies to the purchaser of an allocation under this section as if the allocation were granted on the day the allocation was sold. 139 Dealing with water allocations granted or dealt with through fraud (1) Subsection (2) applies if a water allocation was granted, or dealt with or recorded on the water allocations register, in consequence of a false or misleading representation or declaration, made either orally or in writing. (2) The Supreme Court may make the order it considers just to deal with the allocation. 140 Priority for applying proceeds of sale of water allocations under a power of sale (1) In addition to any other person who may exercise a power of sale in relation to a water allocation, the following persons may exercise a power of sale in relation to a water allocation-- (a) the chief executive under section 138(6); (b) if a supply contract gives a resource operations licence holder a power to sell the water allocation--the holder; (c) if distribution arrangements give a distribution operations licence holder a power to sell the water allocation--the holder. (2) The holder of a resource operations licence may exercise a power of sale only in accordance with the supply contract. (2A) The holder of a distribution operations licence may exercise a power of sale only in accordance with the distribution arrangements. (3) Subsection (1) applies despite any registered interest in the allocation. (4) Before exercising the power of sale, a person proposing to exercise the power must give any person who has a registered interest in the allocation, not less than 10 business days notice of the proposed exercise of the power. (5) An amount received on the sale of the allocation must be applied in the way mentioned in section 138(7). (6) The purchaser of an allocation under this section takes the allocation free of all interests. 141 Application of sdiv 1 This subdivision applies to a water allocation-- (a) if a water resource plan or a resource operations plan approved for an area allows seasonal water assignments; and (b) if the water to which the allocation applies is not water managed under a resource operations licence. 142 Applying for a seasonal water assignment (1) A water allocation holder or the holder of a seasonal water assignment notice may apply for a seasonal water assignment for the water year in which the application is made. (2) The application must be-- (a) made to the chief executive in the approved form; and (b) include the following details of the proposed assignee-- (i) name and address; (ii) if the proposed assignee holds a water allocation for the water management area in which the assignee proposes to take the benefit of the assignment--details of the water allocation; and (c) supported by sufficient information, including the written consent of the proposed assignee, to enable the chief executive to decide the application; and (d) accompanied by the fee prescribed under a regulation. 143 Additional information may be required (1) The chief executive may require-- (a) the applicant to give additional information about the application; or (b) any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration. (2) If the applicant fails, without reasonable excuse, to comply with the requirement within the reasonable time stated in the requirement, the application lapses. 144 Deciding application for seasonal water assignment (1) If the application is in accordance with the seasonal water assignment rules, the chief executive must approve the application, with or without conditions. (2) If the application is not in accordance with the rules, the chief executive must refuse the application. (3) As soon as practicable after deciding the application, the chief executive must give the applicant an information notice. (4) If the chief executive grants the application, with or without conditions, the chief executive must, as soon as practicable after approving the application, give the proposed assignee a seasonal water assignment notice for the water year in the approved form. (5) To the extent that the application is approved, the applicant is not authorised to take water under the water allocation. (5A) If the assignee holds a water allocation for the water management area in which the assignee proposes to take the benefit of the assignment, a notice given under subsection (4) has the effect of increasing the volume of water authorised to be taken under the allocation by the volume stated in the notice. (6) The assignment has effect from the day the information notice is given to the applicant. (7) Section 150(5) does not apply to an assignment mentioned in subsection (6). 145 Conditions of seasonal water assignment The seasonal water assignment notice is subject to the conditions-- (a) to which the water allocation is subject; and (b) prescribed under a regulation; and (c) the chief executive may impose for a particular notice. 146 Application of s 243 Section 243 applies to a seasonal water assignment notice as if a reference in the section to a water permit were a reference to a seasonal water assignment notice and a reference to the permittee were a reference to the holder of a seasonal water assignment notice. 146A Application of sdiv 2 This subdivision applies to a water allocation if-- (a) a water resource plan or a resource operations plan approved for an area allows seasonal water assignments; and (b) the water to which the allocation applies is water managed under a resource operations licence. 146B Arrangements for seasonal water assignments (1) The holder of a water allocation to which this subdivision applies may enter into an arrangement for a seasonal water assignment in relation to the water allocation. (2) The holder may enter the arrangement only if-- (a) the proposed assignment is allowed under the seasonal water assignment rules stated in the resource operations plan; and (b) the holder of the resource operations licence consents to the arrangement; and (c) if the water to which the allocation relates is distributed to the allocation holder by a distributions operations licence holder-- the holder of the distributions operations licence consents to the arrangement. (3) Subsection (2)(b) and (c) do not apply to the extent the seasonal water assignment rules do not require the consent. 147 Registrar (1) There is to be a registrar of water allocations. (2) The registrar has a seal of office. (3) The registrar is to be employed under the Public Service Act 1996. Editor's note-- Public Service Act 1996--now see the Public Service Act 2008, section 249(1). (4) In acting under this Act or another Act, the registrar is subject to the chief executive. 148 Water allocations register (1) For registering water allocations and interests and dealings with water allocations the registrar must keep a water allocations register. (2) A regulation may prescribe-- (a) the locations of offices of the registry where documents may be lodged for registration; and (b) the particular documents that may, or may not, be lodged at a particular office of the registry for registration or recording on the register; and (c) how documents may be lodged; and (d) fees to be paid in relation to-- (i) the lodgement and registration of documents in the registry; and (ii) the provision of other services by the registrar; and (e) how fees are to be paid and may be recovered, including the provision of credit facilities to persons approved by the registrar; and (f) additional information to be supplied with a document; and (g) transitional arrangements if a new document is approved; and (h) how documents may be signed; and (i) anything else about a document. (3) A person has notice of an interest in a water allocation if the interest is included in the register. 149 Form of register (1) The register may be kept in the form the registrar considers appropriate. (2) Without limiting subsection (1), the registrar may change the form in which a register or a part of a register is kept. 150 Interests and dealings that may be registered (1) Subject to subsection (2), an interest or dealing that may be registered for land under the Land Title Act 1994, may be registered for a water allocation on the water allocations register. (2) An interest or dealing, the provisions for which are excluded under section 151(1)(e), may not be registered under this Act. (3) If a water allocation is managed under a resource operations licence, the registrar must not record a transfer or lease of the allocation until the registrar has received from the resource operations licence holder notice in the approved form of the existence of a supply contract between the transferee or lessee of the allocation and the resource operations licence holder. (4) The registrar must not record the transfer or lease of a water allocation not managed under a resource operations licence until the registrar receives a certificate under section 128B(4) about the transfer or lease. (5) An instrument that purports to give effect to a dealing of the type mentioned in subsection (1) does not transfer or create an interest at law until it is registered on the register. 150A Effect on priority of notices given under s 101(1)(b) (1) If the chief executive is given a notice about a water allocation under section 101(1)(b), the notice causes to be continued, in the water allocation, an interest equivalent to the interest had by the interest holder in the former water entitlement or other authority to take water until whichever of the following first happens-- (a) 60 business days expire after details of the water allocation are recorded on the water allocations register under section 121(1)(b); (b) the interest mentioned in the notice is recorded on the register. (2) Subsection (1) applies despite the expiry under section 121(1)(a) of the former water entitlement or other authority to take water. (3) However if, before an event mentioned in subsection (1)(a) or (b) happens, the interest holder lodges a caveat claiming an interest in the water allocation, the equivalent interest continues until-- (a) the interest claimed in the caveat is recorded on the water allocations register; or (b) the caveat earlier lapses or is otherwise cancelled, removed or withdrawn. (4) The registrar must not record any other dealing for the water allocation, other than a notice mentioned in section 150B(1), until subsections (1) and (3) cease to have effect in relation to the interest. (5) If more than 1 notice is given under section 101(1)(b), the interests must be recorded in accordance with the priority the interests have on the land registry, as at the day the allocation is recorded, for the land to which the former water entitlement was attached. (6) However-- (a) for an interest that is not an interest that was recorded under the land registry but is recorded in another register, the interest must be registered in priority according to the time the interest was recorded in the other register; or (b) for an interest not recorded in another register, the interest must be registered in the priority in which the interest was lodged for registration. 150B Effect on priority of notices given under s 101(1)(c) (1) If the chief executive is given a notice about a water allocation under section 101(1)(c), the registrar must record the notice, for the water allocation-- (a) within 60 business days after details of the water allocation are recorded on the water allocations register under section 121(1)(b); and (b) with the priority the interest mentioned in the notice had on the land registry for the land to which the interest relates as at the day the allocation is recorded. (2) A notice recorded under subsection (1)-- (a) has the effect of encumbering the water allocation for which the notice is recorded with the interest mentioned in the notice; and (b) for the application of section 151, is taken to be a mortgage for the water allocation for the Land Title Act 1994, part 6, division 3. (3) No fee under this Act or duty under the Duties Act 2001 is payable for the recording of a notice under subsection (1). 151 Application of Land Title Act 1994 to water allocations register (1) The Land Title Act 1994, other than the following provisions, applies to matters under this part-- (a) part 2, sections 16, 18(1)(a), 18(3), 18A; (b) part 3, sections 27 and divisions 2, 2A and 3; (c) part 4; (d) part 5, sections 55 and 58; (e) part 6, sections 60(2), 64 to the extent it permits the lease of part of a lot, and 65(2) and divisions 4, 4A, 4B and 5; (f) part 7, section 122(3) and sections 132 to 135; (g) part 8, sections 154 and 165; (h) part 9, division 2, section 181 and subdivisions B and C; (i) part 11, section 193; (j) part 12. (3) An interest or dealing mentioned in section 150 may be registered in the way mentioned in the Land Title Act 1994 and the registrar of water allocations may exercise a power and perform an obligation of the registrar of titles under the Land Title Act 1994-- (a) as if a reference to the registrar of titles were a reference to the registrar appointed under this division; and (b) as if a reference to the freehold land register were a reference to the water allocations register; and (c) as if a reference to freehold land or land were a reference to a water allocation; and (d) as if a reference to a lot were a reference to a water allocation; and (e) as if a reference to an indefeasible title were a reference to a title; and (f) with any other necessary changes. (4) An instrument executed under the authority of a power of attorney may be registered under this Act only if the power of attorney is registered under the Land Title Act 1994, section 133. (5) In this section-- Land Title Act 1994 does not include the Land Title Regulation 1994. 152 Application of other Acts to the water allocations register (1) If a provision of the Property Law Act 1974 refers to the Land Title Act 1994, or land, the reference is, if the context permits, taken to be a reference to the Land Title Act 1994, as applied by this Act, or a water allocation. (2) The following sections of the Valuation of Land Act 1944 apply as if a reference to land or a parcel of land includes a reference to a water allocation and a reference to the land registry includes a reference to the water allocations registry-- * section 77, definitions microfiche data and section 81 information * section 81 * section 82. 153 Searching water allocations register At any time when an office of the department is open for business and on payment of the fee prescribed under a regulation, a person may-- (a) search and obtain a copy of-- (i) a water allocation; or (ii) an instrument registered in relation to an allocation; or (iii) an instrument that has been lodged but is not registered (whether or not it has been cancelled); or (iv) information kept on the register about the allocation; and (b) obtain a copy of the allocation, or a registered instrument, certified by the registrar to be an accurate copy. 154 Displacement provision for Corporations legislation This division is declared to be a Corporations legislation displacement provision for the Corporations Act, section 5G, in relation to the Corporations Act, chapter 2K. 167 Purpose of pt 5 The purpose of this part is to provide for the functions and powers of the chief executive for water managed through-- (a) existing water infrastructure in an area where a resource operations plan has not been approved; or (b) proposed water infrastructure. 167A Authority to interfere with water (1) An interim resource operations licence authorises the holder of the licence to interfere with the flow of water to the extent necessary to operate the water infrastructure to which the licence applies. (2) An interim resource operations licence may be held only by-- (a) the owner of the water infrastructure to which the licence applies; or (b) if the owner of the water infrastructure to which the licence applies is a subsidiary company, the parent company of the subsidiary. 168 Who must apply for an interim resource operations licence (1) A regulation may nominate the owner of water infrastructure in relation to the operation of the infrastructure or the management of water stated in the regulation. (2) A person nominated under the regulation must, within 60 business days after the regulation is made, apply for an interim resource operations licence to continue to operate the water infrastructure or manage the water. Maximum penalty--1665 penalty units. 169 Applying for interim resource operations licence An application made under section 168 must be-- (a) made to the chief executive in the approved form; and (b) supported by details of-- (i) all water stored or released by the applicant and all water taken by customers of the applicant under authorisations under this Act or the repealed Act, including the names and addresses of the customers and details of any existing contracts for the supply of the water; and (ii) the applicant's proposed operating arrangements for any water infrastructure; and (iii) the applicant's proposal about the total interim water allocation that should be granted for management under the proposed interim resource operations licence; and (iv) the applicant's proposal about the apportionment of the total interim water allocations between the applicant and the persons mentioned in subparagraph (i); and (v) the applicant's proposal about proposed supply arrangements for the entities mentioned in subparagraph (i); and (vi) any other information that will enable the chief executive to decide the application; and (c) accompanied by the fee prescribed under a regulation. 170 Additional information may be required (1) The chief executive may require-- (a) the applicant to give additional information about the application; or (b) any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration. (2) If the applicant fails, without reasonable excuse, to comply with the requirement within the reasonable time stated in the requirement, the application lapses. 171 Notice of application for interim resource operations licence (1) The chief executive must give each entity whose details are given to the chief executive under section 169(b)(i) a notice about the making of the application. (2) The notice must-- (a) be given-- (i) if the chief executive does not require further information about the application--within 30 business days after the application is made; or (ii) if the chief executive requires further information about the application--within 30 business days after the additional information is received; and (b) give details of the applicant's proposals mentioned in section 169(b); and (c) state where copies of the proposals may be inspected and, on payment of a fee, purchased; and (d) state that written submissions may be made by any entity who is given a copy of the notice about the applicant's proposals; and (e) state a day by which submissions must be made, and the person to whom, and the place where, the submissions must be made. (3) The day stated under subsection (2)(e) must not be earlier than 30 business days after the day the notice is given. (4) The chief executive may send a copy of the notice to any other entity the chief executive considers appropriate. 172 Conference may be called about application (1) The chief executive may invite the applicant and all or any of the entities, whose details are given to the chief executive under section 169(b) (i), to a conference to help in deciding the application. (2) The chief executive must give notice to all entities invited to attend the conference of when and where the conference is to be held. (3) However, if the chief executive is satisfied it is impracticable to give notice to all entities invited to attend the conference, the chief executive may publish a notice about the conference. 173 Chief executive must make proposed decision (1) After the last day for both the making of submissions on the applicant's proposals and any conferences under section 172(1) have been held, the chief executive must make a proposed decision about-- (a) the proposed contents and conditions about an interim resource operations licence; and (b) the proposed granting of interim water allocations managed under the interim resource operations licence. (2) In making the proposed decision, the chief executive must consider the following-- (a) the application and additional information given about the application; (b) the authorisations under the repealed Act of the entities, whose details are given to the chief executive under section 169(b)(i); (c) all properly made submissions made about the applicant's proposals; (d) the views expressed at a conference held in relation to the proposals; (e) the public interest. 174 Notice of proposed decision (1) The chief executive must give the applicant and each entity, whose details are given to the chief executive under section 169(b)(i), a notice about the making of the proposed decision. (2) The notice must-- (a) give details of the chief executive's proposed decision about-- (i) the proposed contents and conditions about an interim resource operations licence; and (ii) the proposed granting of interim water allocations managed under the interim resource operations licence; and (b) state where copies of the proposed decision may be inspected and, on payment of a fee, purchased; and (c) state that written submissions may be made by any entity who is given a copy of the notice about the applicant's proposals; and (d) state a day by which submissions must be made, and the person to whom, and the place where, the submissions must be made. (3) The day stated under subsection (2)(d) must not be earlier than 30 business days after the day the notice is given. (4) The chief executive may send a copy of the notice to any other entity the chief executive considers appropriate. 175 Deciding application for interim resource operations licence (1) In making the final decision on the application, the chief executive must consider all properly made submissions made about the proposed decision. (2) The chief executive must grant the application, with or without conditions. (3) Within 30 business days after deciding the application, the chief executive must give-- (a) the applicant and each entity, whose details are given to the chief executive under section 169(b)(i), an information notice; and (b) the applicant an interim resource operations licence. (4) The licence takes effect from the day the applicant is given the information notice. 176 Granting interim resource operations licences (1) Subsection (2) applies if a water resource plan or a resource operations plan states a process for the granting of an interim resource operations licence to meet future water requirements. (2) The chief executive must follow the process and grant the licence in accordance with the process. (3) Within 30 business days after the chief executive grants the licence, the chief executive must give the licence holder the licence and an information notice about the granting of the licence. (4) The licence has effect from the day the information notice is given to the applicant. 177 Content of interim resource operations licences Without limiting what may be included in an interim resource operations licence, the licence must state the following-- (a) details of the licence holder; (b) any water infrastructure to which the licence applies; (c) the operating arrangements for the water infrastructure; (d) details of water to be managed under the licence; (e) details of the water sharing rules; (f) requirements for monitoring and reporting on water managed and water infrastructure operations. 178 Conditions of interim resource operations licence (1) Without limiting section 175(2), a condition of an interim resource operations licence may-- (a) require the licence holder to do all or any of the following-- (i) install a meter to measure the taking of or interfering with water through the water infrastructure to which the licence applies; (ii) give relevant information reasonably required by the chief executive for the administration or enforcement of this Act; (iii) pay the fees prescribed under a regulation; and (b) prohibit the holder from changing, replacing or operating water infrastructure if the change, replacement or operation would significantly affect any of the following-- (i) the availability of water for existing water entitlement holders; (ii) the water requirements of natural ecosystems; (iii) the water requirements of beneficial flooding; (iv) water quality. (2) Also, it is a condition of an interim resource operations licence that the licence holder must comply with section 360ZA. 179 Applying to amend an interim resource operations licence (1) An interim resource operations licence holder may apply to amend an interim resource operations licence. (2) The application must be-- (a) made to the chief executive in the approved form; and (b) supported by sufficient information to enable the chief executive to decide the application; and (c) accompanied by a fee prescribed under a regulation. 180 Additional information may be required (1) The chief executive may require-- (a) the applicant to give additional information about the application; or (b) any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration; or (c) any submitter to give additional information about the submission. (2) If the applicant fails, without reasonable excuse, to comply with the requirement within the reasonable time stated in the requirement, the application lapses. 181 Public notice of application to amend interim resource operations licence (1) Subsection (2) applies when the chief executive is satisfied the application to amend the interim resource operations licence has been properly made and the applicant has given the chief executive any additional information requested about the application. (2) The chief executive must give the applicant a notice the applicant must publish within the time and in the newspaper or newspapers stated by the chief executive. (3) The notice must include at least the following-- (a) a summary of the proposed amendments to the licence; (b) where copies of the application are available for inspection and purchase; (c) that written submissions may be made by any entity about the application; (d) a day by which submissions must be made, and the person to whom, and the place where, the submissions must be made. (4) The day stated under subsection (3)(d) must not be earlier than 30 business days after the day the notice is published. (5) Within 10 business days after the day the notice is published, the applicant must give the chief executive a copy of the page of the newspaper containing the published notice. (6) If the notice has been published within the time and in the newspaper or newspapers stated by the chief executive-- (a) the chief executive may send a copy of the notice to any other entity the chief executive considers appropriate; and (b) the chief executive may decide the application after the day mentioned in subsection (3)(d). 182 Matters chief executive must consider when deciding applications For deciding the application, the chief executive must consider the following-- (a) the application and additional information given about the application; (b) all properly made submissions about the application; (c) all additional information given about a submission; (d) existing water entitlements and authorisations to take or interfere with water; (e) any information about the effects on natural ecosystems; (f) any information about the effects on the physical integrity of watercourses, lakes, springs or aquifers; (g) policies developed in consultation with local communities for the sustainable management of local water; (h) whether the applicant has been convicted of an offence against this Act, the repealed Act or an interstate law; (i) the public interest. 183 Deciding application to amend an interim resource operations licence (1) If the chief executive is satisfied the application should be approved, the chief executive must approve the application, with or without conditions. (2) If the chief executive is not satisfied the application should be approved, the chief executive must refuse the application. (3) Within 30 business days after deciding the application, the chief executive must give the applicant and any person who gave a properly made submission about the application an information notice. (4) If the chief executive approves the application, with or without conditions, the chief executive must, within 30 business days after approving the application, give the applicant an amended interim resource operations licence in the approved form. (5) The amended licence takes effect from the day the applicant is given the information notice. 184 Amending interim resource operations licences on notice (1) The chief executive may amend an interim resource operations licence if the chief executive is satisfied the licence should be amended. (2) Subsection (3) applies if the amendment does not-- (a) increase the volume, rate or times when water may be taken under the licence; or (b) increase the interference with the flow of the water; or (c) change the location from which water may be taken, or interfered with, under the licence; or (d) cause a significant adverse effect on-- (i) the availability of water for the requirements of natural ecosystems; or (ii) the quality of water; or (iii) availability of water for existing water entitlement holders; or (iv) beneficial flooding. (3) Before the chief executive acts under subsection (1), the chief executive must give the licence holder a show cause notice about the proposed amendment. (3A) If the proposed amendment would have 1 or more of the effects mentioned in subsection (2), the chief executive-- (a) must give the licence holder notice of the proposed amendment; and (b) must publish notice of the proposed amendment in the area to which the licence relates; and (b) may give a copy of the notice to any other entity the chief executive considers appropriate. (3B) A notice under subsection (3A) must include at least the following-- (a) a summary of the proposed amendment to the licence; (b) where copies of the proposed amendment are available; (c) that written submissions may be made by any entity about the proposed amendment; (d) the day by which submissions must be made and the person to whom, and the place where, the submissions must be made. (3C) The day stated under subsection (3B)(d) must not be earlier than 30 business days after the day the notice is published. (4) In deciding whether to amend the licence, the chief executive must consider any properly made submission about the proposed amendment. (5) If the chief executive is satisfied the proposed amendment should be made, the chief executive must give-- (a) the licence holder an amended licence in the approved form; and (b) the licence holder and any person who made a properly made submission an information notice about the decision to amend the licence. (6) If the chief executive is not satisfied the amendment should be made, the chief executive must give the holder and any person who made a properly made submission notice that the licence will not be amended. (7) The amended licence takes effect from the day the information notice is given to the holder. 184A Amending an interim resource operations licence to meet future water requirements (1) Subsection (2) applies if a water resource plan or a resource operations plan states a process for amending an interim resource operations licence to meet future water requirements. (2) The chief executive must-- (a) follow the process and amend the licence in accordance with the process; and (b) within 30 business days after the day the chief executive amends the licence, give the licence holder-- (i) an amended licence in the approved form; and (ii) an information notice. (3) The amended licence takes effect from the day the chief executive gives the licence holder the information notice. 185 Minor amendment of interim resource operations licence (1) The chief executive may amend the licence without complying with the provisions of this division about amending a licence if the amendment is only to correct a minor error in the licence, or make another change that is not a change of substance. (2) If the chief executive amends a licence under subsection (1), the chief executive must give the licence holder an amended licence in the approved form. 185A Amending interim resource operations licences (1) The chief executive may amend the details of the water sharing rules in an interim resource operations licence, for a water year or part of a water year, if-- (a) either-- (i) the licence allows amendment; and (ii) the licence holder requests an amendment in accordance with the licence; or (b) the chief executive is satisfied the rules need to be amended because of seasonal conditions. (2) If the chief executive amends the rules-- (a) the licence is taken to be amended, for the water year or part of the water year, to the extent of the amendment to the rules; and (b) the chief executive must give the licence holder notice of the amendment of the licence; and (c) the amendment of the licence takes effect from the day stated in the notice. (3) As soon as practicable after receiving the notice, the licence holder must give notice of the amendment to the holders of interim water allocations managed under the licence. (4) A notice given under subsection (2) or (3) must state-- (a) details of the amendment; and (b) the reasons for the amendment; and (c) the water year or part of the water year to which the amendment applies; and (d) the day the amendment takes effect. 186 Transferring or cancelling interim resource operations licence An interim resource operations licence may be transferred or cancelled under part 4, division 3, as if it were an application for the transfer or cancellation of a resource operations licence. 186A Preparing regular audit reports The chief executive may prepare an audit report-- (a) about an interim resource operation licence holder's compliance with the licence; and (b) to verify the accuracy of monitoring and reporting information given to the chief executive by the holder. 186B Access for conducting audit reports An interim resource operations licence holder must give any person authorised by the chief executive to participate in conducting an audit under this subdivision free and uninterrupted access to the holder's infrastructure and any records relating to the infrastructure for conducting the audit. Maximum penalty--200 penalty units. 187 Granting interim water allocations (1) When the chief executive grants an interim resource operations licence under division 2, subdivision 1A, the chief executive must grant interim water allocations in accordance with the chief executive's decision under section 175 (2). (2) The interim water allocation replaces any authorisation mentioned in section 169(b)(i) the entity had immediately before the interim water allocation was granted. (3) The chief executive must, within 30 business days after the allocation is granted, give the grantee-- (a) an information notice; and (b) an interim water allocation in the approved form. (4) An interim water allocation takes effect from the day the information notice is given to the grantee. 188 Existing supply arrangements taken to be supply contracts (1) The supply arrangements contained in an application granted under section 175 are taken to be the supply contract for the supply of water to the person mentioned in the arrangements. (2) Subsection (1) applies until the interim resource operations licence holder and interim water allocation holder enter into a different supply contract for supplying the holder with water. 189 Granting interim water allocations (1) When the chief executive grants an interim resource operations licence under division 2, subdivision 2, or amends an interim resource operations licence under section 184A, the chief executive must grant an interim water allocation in accordance with the process stated in the water resource plan or resource operations plan. (2) The chief executive must, within 30 business days after the allocation is granted, give an interim water allocation holder an interim water allocation in the approved form and an information notice about the granting of the allocation. (3) An interim water allocation takes effect from the day the information notice is given to the grantee. 190 Contents of interim water allocation An interim water allocation-- (a) must state the water to which the allocation relates; and (b) must state the location from which the water may be taken or at which it may be interfered with; and (c) may be amended, transferred, amalgamated, subdivided or surrendered; and (d) attaches to the land of the holder unless the holder is-- (i) the State; or (ii) the water grid manager; or (iii) a local government; or (iv) a water authority; or (v) a resource operations licence holder; or (vi) an interim resource operations licence holder; or (vii) an entity prescribed under a regulation. 191 Conditions of interim water allocation (1) An interim water allocation is subject to the conditions-- (a) prescribed under a regulation; and (b) the chief executive may impose for a particular interim water allocation. (2) Without limiting subsection (1), the conditions may require the holder to do all or any of the following-- (a) commence taking or interfering with water authorised under the allocation within a stated time; (b) install a measuring device to measure the volume of water, the rate and the time at which it is taken or interfered with; (c) take the water authorised to be taken under the allocation; (d) provide and maintain access to alternative water supplies for other persons, authorised under this Act to take water, who would be affected by the granting of the allocation; (e) carry out and report on a stated monitoring program; (f) give relevant information reasonably required by the chief executive for the administration or enforcement of this Act. 192 Dealing with an interim water allocation (1) To the extent the procedure for dealing with an interim water allocation is not stated in this division, the allocation may be dealt with under part 6, division 2 as if the allocation were a water licence. (2) However-- (a) section 208 does not apply to a dealing that is in accordance with the conditions of the interim resource operations licence, or resource operations licence, under which the interim water allocation is managed; and (b) section 220 does not apply to an interim water allocation as an interim water allocation does not require renewal. 193 Transferring particular interim water allocations (1) Despite sections 192, 222 and 223, an interim resource operations licence holder or resource operations licence holder may apply to transfer all or part of an interim water allocation not attached to land to any of the following to whom the holder can supply water-- (a) any owner of land, if the water supplied is used on the land; (c) a local government; (d) a water authority; (e) an entity prescribed under a regulation. (2) The application must be-- (a) made to the chief executive in the approved form; and (b) supported by evidence that enables the chief executive to transfer the allocation, including, for example the written consent of the transferee; and (c) accompanied by the fee prescribed under a regulation. 194 Deciding application to transfer particular interim water allocation (1) The chief executive must approve an application under section 193, with or without conditions. (2) Within 30 business days after approving the application, the chief executive must-- (a) give the applicant and the transferee--an information notice; and (b) give the transferee an interim water allocation in the approved form. (3) If the application was not to transfer all of an interim water allocation, the chief executive must give the applicant an amended interim water allocation for the part not transferred. (4) An interim water allocation mentioned in section 193(1)(a) attaches to the land of the transferee. (5) An interim water allocation mentioned in subsection (2) or (3) has effect from the day the information notice is given to the applicant and the transferee. 195 Transferring interim water allocations to other land (1) This section applies only if a regulation provides for all or part of the authority to take water in relation to land to be transferred so that the authority attaches to other land, whether in or outside Queensland. (2) The allocation holder may apply to the chief executive to transfer all or part of the authority in accordance with the regulation. 196 Forfeiting an interim water allocation (1) Subsection (2) applies if-- (a) an interim water allocation holder has been convicted of an offence against this Act; or (b) the chief executive is satisfied the holder has breached a condition of the interim water allocation. (2) The chief executive may deal with the interim water allocation under section 138(2) to (9) as if-- (a) the interim water allocation were a water allocation; and (b) if the interim water allocation is managed under an interim resource operations licence--a reference in the section to a resource operations licence were a reference to an interim resource operations licence. 197 Surrendering an interim water allocation (1) The holder of an interim water allocation may surrender the allocation by giving the chief executive a notice of surrender. (2) The surrender takes effect on the day the notice is received by the chief executive. (2A) If the notice is about an interim water allocation managed under an interim resource operations licence or resource operations licence, the chief executive must, as soon as practicable after receiving the notice, give the holder of the interim resource operations licence or resource operations licence a copy of the notice. (3) The chief executive must deal with the surrendered interim water allocation under section 138(6) to (9) as if-- (a) the interim water allocation were a forfeited water allocation; and (b) if the interim water allocation is managed under an interim resource operations licence--a reference in the section to a resource operations licence were a reference to an interim resource operations licence. 198 Effect of disposal of part of land to which interim water allocation attaches (1) This section applies if-- (a) an interim water allocation is attached to land; and (b) the registered owner of the land disposes of part of the land. (2) On the day the owner disposes of the part, the interim water allocation is taken to be held jointly by all owners of the land to which the interim water allocation related before the disposal. (3) However, within 60 business days after the owner disposes of the part, 1 or more of the owners of the land to which the interim water allocation relates may, with the consent of the other owners, apply for 1 or more interim water allocations to replace the jointly held interim water allocation. (4) The application must be-- (a) in the approved form; and (b) accompanied by the fee prescribed under a regulation. (5) The chief executive must grant the application if-- (a) the application relates only to land to which the jointly held interim water allocation relates; and (b) granting the application would not increase the volume of water that may be taken. (6) If an application is not made under subsection (3), the chief executive may give notice to the joint holders of the interim water allocation about replacing the allocation. (7) The notice must state-- (a) that a written submission may be made about the details of replacing the allocation; and (b) a day by which the submission must be made, and the person to whom, and the place where, the submission must be made. (8) The day stated under subsection (7)(b) must not be earlier than 30 business days after the day the notice is given. (9) The chief executive must consider any submissions made before issuing 1 or more replacement interim water allocations. (10) Within 30 business days after issuing the replacement interim water allocations, the chief executive must give the holders of the jointly held interim water allocation an information notice. (11) A replacement interim water allocation has effect from-- (a) for an application granted under subsection (5)--the day the application is granted; and (b) for a replacement interim water allocation issued under subsection (9)--the day the information notice is given. 198A Effect of acquisition of land to which interim water allocation attaches (1) This section applies to an interim water allocation if part of the land to which the allocation attaches is taken under the Acquisition of Land Act 1967. (2) If the acquisition includes an acquisition of the allocation, section 222 applies for transferring the allocation to the entity that acquired the land as if the allocation were a water licence. (3) If the acquisition does not include an acquisition of the allocation, sections 199 to 199B apply. 199 Effect of acquisition of part of land adjoining a watercourse, lake or spring (1) This section applies if part of the land, adjoining a watercourse, lake or spring, to which an interim water allocation is attached is taken under the Acquisition of Land Act 1967. (2) If the remaining part of the land continues to adjoin the watercourse, lake or spring from which water may be taken under the interim water allocation-- (a) section 198 does not apply to the interim water allocation; and (b) the interim water allocation may be amended under section 192 so it attaches to the remaining part of the land. (3) Subsection (4) applies if-- (a) the remaining part of the land no longer adjoins the watercourse, lake or spring; and (b) the holder of the allocation does not, within 60 business days after the acquisition, satisfy the chief executive that the requirements of section 206(3)(b) have been met in relation to the allocation. (4) The allocation is taken to be surrendered, and the chief executive must deal with the allocation under section 197(3). (5) However, subsection (2)(a) and (b) apply if, within 60 business days after the acquisition, the holder satisfies the chief executive that the requirements of section 206(3)(b) have been met in relation to the allocation. 199A Effect of acquisition of part of land above an aquifer (1) This section applies to an interim water allocation to take water from an aquifer under the land to which the allocation attaches, if part of the land is taken under the Acquisition of Land Act 1967. (2) If the remaining part of the land is above the aquifer from which water may be taken under the allocation, and the conditions of the allocation allow water to be taken from the remaining part-- (a) section 198 does not apply to the allocation; and (b) the allocation may be amended under section 219, as if the allocation were a water licence, so it attaches to the remaining part of the land. (3) Subsection (4) applies if-- (a) the remaining part of the land is not above the aquifer, or the conditions of the allocation do not allow water to be taken from the remaining part; and (b) the holder of the allocation does not, within 60 business days after the acquisition, satisfy the chief executive that the requirements of section 206(3)(b) have been met in relation to the allocation. (4) The allocation is taken to be surrendered and the chief executive must deal with the allocation under section 197(3). (5) However, subsection (2)(a) and (b) apply if, within 60 business days after the acquisition, the holder satisfies the chief executive that the requirements of section 206(3)(b) have been met in relation to the allocation. 199B Effect of acquisition of part of other land (1) This section applies to an interim water allocation granted in response to an application mentioned in section 206(3), as if the allocation were a water licence, if part of the land to which the allocation attaches is taken under the Acquisition of Land Act 1967. (2) If water taken under the allocation can still be delivered to the remaining part of the land-- (a) section 198 does not apply to the allocation; and (b) the allocation may be amended under section 192 so it attaches to the remaining part of the land. (3) Subsection (4) applies if-- (a) water taken under the allocation can not still be delivered to the remaining part of the land; and (b) the holder of the allocation does not, within 60 business days after the acquisition, satisfy the chief executive that the requirements of section 206(3)(b) have been met in relation to the allocation. (4) The allocation is taken to be surrendered and the chief executive must deal with the allocation under section 197(3). (5) However, subsection (2)(a) and (b) apply if, within 60 business days after the acquisition, the holder satisfies the chief executive that the requirements of section 206(3)(b) have been met in relation to the allocation. 200 Arrangements for seasonal water assignments (1) The holder of an interim water allocation may enter into an arrangement for a seasonal water assignment in relation to the allocation. (2) The holder may enter the arrangement only with consent of the holder of the interim resource operations licence or resource operations licence under which the allocation is managed. (3) The holder of the interim resource operations licence or resource operations licence may give consent only if the assignment is in accordance with the holder's licence or resource operations licence. 201 Granting interim water allocations (1) This section applies to an interim water allocation (the relevant interim water allocation) held by Mount Isa Water Board and managed under the interim resource operations licence for the Julius Dam water supply scheme. (2) A regulation may, before the resource operations plan for the water supply scheme commences, state a process for-- (a) the expiry of the relevant interim water allocation; and (b) the granting of interim water allocations (the new allocations) to particular entities to replace the relevant interim water allocation. (3) The regulation must not be inconsistent with the objectives of the Water Resource (Gulf) Plan 2007. (4) The chief executive must grant the new allocations to give effect to the regulation. 203 Definitions for pt 6 In this part-- owner, of land, means any of the following-- (a) the registered proprietor of the land; (b) the lessee or licensee of the land under the Land Act 1994; (ba) the trustee of a reserve over the land or the holder of a permit to occupy the land under the Land Act 1994; (c) the lessee of the land under a registered lease under the Land Title Act 1994; (d) an applicant for, or the holder of, a mineral development licence or mining lease under the Mineral Resources Act 1989; (e) the holder of a geothermal exploration permit under the Geothermal Exploration Act 2004. petroleum tenure holder, for a water licence or proposed water licence, means a person who-- (a) holds-- (i) a 1923 Act petroleum tenure under the Petroleum Act 1923; or (ii) a petroleum tenure under the Petroleum and Gas (Production and Safety) Act 2004; and (b) is not an owner mentioned in section 206(1). priority group, for a petroleum tenure holder or a licensee, means the persons who have applied for, but have been refused, a water licence to take underground water if the reason for the refusal was the effect of the exercise of underground water rights under the Petroleum and Gas (Production and Safety) Act 2004 or the carrying out of authorised activities under the Petroleum Act 1923 by the holder or licensee. 204 Purpose of pt 6 Under this part, the chief executive may grant-- (a) water licences for taking water and interfering with the flow of water, for example, by a weir; or (b) water permits for taking water. 205 Decisions to be in accordance with plans and declaration (1) If a water resource plan, a resource operations plan or a wild river declaration has been approved for an area, the chief executive must make decisions under this part in accordance with the plan or declaration. (2) If the chief executive makes a decision under this part, in accordance with a water resource plan, a resource operations plan or a wild river declaration, the chief executive is required to give, for the decision-- (a) to the extent a different decision, consistent with the plan, could have been made--an information notice; or (b) otherwise--a notice stating the decision and the reasons for the decision. (3) In this section-- decision includes a part of a decision. 206 Applying for a water licence (1) An owner of a parcel of land, or the owners of contiguous parcels of land, may apply for a water licence for the parcel or parcels and any other land of the owner or owners contiguous to the parcel or parcels-- (a) for taking water and using the water on any of the land; or (b) to interfere with the flow of water on, under or adjoining any of the land. (2) An application under subsection (1)(a) may be only for taking water from any of the following-- (a) a watercourse, lake or spring on or adjoining any of the land; (b) an aquifer under any of the land; (c) water flowing across any of the land. (3) Also, an application under subsection (1)(a) may be for taking water from a watercourse, lake, spring or aquifer if-- (a) for-- (i) water from a watercourse, lake or spring--the watercourse, lake or spring does not adjoin any of the applicant's land or the proposed point of taking the water is not on the applicant's land; or (ii) water from an aquifer--the aquifer is not under the applicant's land; but (b) in relation to the land (the intervening land) between the proposed point of taking and the applicant's land and for the purpose of taking the water and delivering it to the applicant's land-- (i) to the extent the intervening land is freehold land-- the applicant has written agreement, from all the owners of the intervening land, to give the applicant a registrable lease or easement over the intervening land; or (ii) to the extent the intervening land is unallocated State land under the Land Act 1994--the applicant holds or has applied for a permit under section 177 of that Act to occupy the intervening land; or (iii) to the extent the intervening land is a State- controlled road under the Transport Infrastructure Act 1994--the requirements of section 50 of that Act have been complied with in relation to any necessary ancillary works and encroachments under that section; or (iv) to the extent the intervening land is a road under the control of a local government--the requirements of the Local Government Act 1993 and of any local laws of the local government have been complied with in relation to any necessary works, including ancillary works and encroachments under that Act; or (v) to the extent the intervening land is other land--the applicant holds or has applied for permission to occupy the intervening land, from the owner or the authority administering the land. (4) The following entities may also apply for a water licence for taking water or interfering with the flow of water-- (a) the State; (b) a local government; (c) a water authority; (d) a resource operations licence holder; (e) an interim resource operations licence holder; (f) a petroleum tenure holder; (g) an entity prescribed under a regulation. (5) However, a petroleum tenure holder may apply for a water licence only if-- (a) the water-- (i) is associated water under the Petroleum and Gas (Production and Safety) Act 2004 or is water necessarily produced as a result of the carrying out of authorised activities under the Petroleum Act 1923; and (ii) is not being used, or proposed to be used, for an activity that, under that Act, is an authorised activity for the tenure; and (b) the holder is, under that Act, carrying out-- (i) approved testing for petroleum production; or (ii) petroleum production for commercial purposes; and (c) the holder has complied with section 206A. (6) The application must be-- (a) made to the chief executive in the approved form; and (b) supported by sufficient information to enable the chief executive to decide the application; and (c) accompanied by the fee prescribed under a regulation. 206A Additional requirements for application by petroleum tenure holder (1) This section applies if a petroleum tenure holder proposes to apply for a water licence. (2) The chief executive must, if the holder asks, give the holder a notice stating who are the members of the priority group for the holder. (3) The holder must give each member of the priority group a notice in the approved form inviting each member to give the holder, within a stated period, a written expression of interest about access to the water the subject of the proposed licence. (4) The stated period must be at least 20 business days. (5) A water licence application by the holder must be accompanied by a copy of- - (a) the petroleum tenure; and (b) each expression of interest given in response to the notice; and (c) each environmental authority under the Environmental Protection Act 1994 that relates to the petroleum tenure. 207 Additional information may be required (1) The chief executive may require-- (a) the applicant to give additional information about the application; or (b) any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration; or (c) if notice of the application is published--any submitter to give additional information about the submission. (2) The request may be made-- (a) whether or not notice of the application is published; and (b) before or after notice of the application is published. (3) If the applicant fails, without reasonable excuse, to comply with the requirement within the reasonable time stated in the requirement, the application lapses. 208 Public notice of application for water licence (1) Subsection (2) applies when the chief executive is satisfied the application has been properly made and the applicant has given the chief executive any additional information requested about the application. (2) The chief executive must give the applicant a notice the applicant must publish within the time and in the newspaper or newspapers stated by the chief executive. (3) Subsections (1) and (2) do not apply to an application mentioned in section 209. (4) The notice must include at least the following-- (a) the location of the proposed taking of, or interfering with, water; (aa) details of the applicant's land to which the water licence, if granted, would attach; (b) where copies of the application may be inspected and, on payment of a fee, purchased; (c) that written submissions may be made by any entity about the application; (d) a day by which submissions must be made, and the person to whom, and the place where, the submissions must be made. (5) The day stated under subsection (4)(d) must not be earlier than 30 business days after the day the notice is published. (6) Within 10 business days after the day the notice is published, the applicant must give the chief executive a copy of the page of the newspaper containing the published notice. (7) If the applicant fails, without reasonable excuse, to comply with subsection (6), the application lapses. (8) If the notice has been properly published-- (a) the chief executive may send a copy of the notice to any other entity the chief executive considers appropriate; and (b) the chief executive may decide the application after the day mentioned in subsection (4)(d). (9) In this section-- properly published means published within the time and in the newspaper or newspapers stated by the chief executive. 209 Applications that may be decided without public notice (1) If the granting of the application would be inconsistent with a water resource plan, a resource operations plan or a wild river declaration, the chief executive must refuse the application without notice of the application being published. (2) Within 30 business days after refusing the application, the chief executive must give the applicant a notice under section 205(2) about the refusal. (3) Subsection (4) applies to an application made under section 206-- (a) by a petroleum tenure holder; or (b) for taking underground water only for domestic purposes or watering stock of a number that would normally be depastured on the land to which the application relates. (4) The chief executive may decide the application without notice of the application being published. 210 Criteria for deciding application for water licence (1) In deciding whether to grant or refuse the application or the conditions for the water licence, the chief executive must consider the following-- (a) the application and additional information given in relation to the application; (b) if notice of the application has been published--all properly made submissions made about the application; (c) any water resource plan, resource operations plan and wild river declaration that may apply to the licence; (d) existing water entitlements and authorities to take or interfere with water; (e) any information about the effects of taking, or interfering with, water on natural ecosystems; (f) any information about the effects of taking, or interfering with, water on the physical integrity of watercourses, lakes, springs or aquifers; (g) strategies and policies for the sustainable management of water in the area to which the application relates; (h) the sustainable resource management strategies and policies for the catchment, including any relevant coastal zone and regional aquifer systems; (i) the public interest. (2) The chief executive may also consider whether the applicant has been convicted of an offence against this Act, the repealed Act or an interstate law. 211 Deciding application for water licence (1) If the chief executive is satisfied the application should be granted, or granted in part, the chief executive must grant all or part of the application for a stated period, with or without conditions. (2) If the chief executive is not satisfied the application should be granted, the chief executive must refuse the application. (3) Within 30 business days after deciding the application, the chief executive must give the applicant and any person who gave a properly made submission about the application an information notice. (4) If the chief executive grants all or part of the application, with or without conditions, the chief executive must, within 30 business days after granting the application, give a water licence in the approved form to-- (a) the applicant; or (b) if after making the application the applicant has ceased to be an owner of land to which the application relates--the registered owner of the land. (5) The licence has effect from the day the information notice is given to the applicant. 211A Effect of disposal of part of land to which application for water licence relates (1) Subsection (2) applies if-- (a) an application for a water licence is made to the chief executive; and (b) the applicant disposes of part of the land to which the application relates; and (c) at the time the applicant disposes of the part, the chief executive has not decided the application under section 211. (2) The application lapses on the day the applicant disposes of the part. 212 Granting a water licence under a plan or declaration process (1) Subsection (2) applies if a water resource plan, a resource operations plan or a wild river declaration states a process for the allocation of water under a water licence. (2) The chief executive must follow the process and may grant a water licence in accordance with the process without the need for an application to be made under section 206. (3) Within 30 business days after the chief executive grants the licence, the chief executive must give the licensee the licence and a notice under section 205(2) about the granting of the licence. (4) The licence has effect from the day the licence is given to the licensee. 212A Applying for transmission water licence (1) Subject to subsection (3), each of the following entities may apply for a water licence (a transmission water licence) for taking water from a receiving water source-- (a) the water grid manager; (b) a relevant entity for a recycled water scheme; (c) an entity nominated by a relevant entity for a recycled water scheme. (2) An application made under subsection (1) is a licence application. (3) If recycled water in a receiving water source is supplied from water supply works that supply a declared water service, the water grid manager is the only entity that may make a licence application in relation to the receiving water source. (4) This subdivision, other than sections 206(6), 207, 210 and 211 and this section, do not apply to a licence application. (5) For applying sections 206(6), 207, 210 and 211, a reference to an application is taken to be a reference to a licence application. (6) The chief executive may decide the licence application without notice of the licence application being published. (7) If the chief executive grants a licence application-- (a) the transmission water licence does not attach to the licensee's land; and (b) section 213(e) does not apply to the transmission water licence. (8) In this section-- receiving water source means a lake, or watercourse, into which recycled water is supplied under an approved recycled water management plan to augment a supply of drinking water. 213 Contents of water licence A water licence-- (a) must be granted for a stated period; and (b) must state the water to which the licence relates; and (c) must state the location from which the water may be taken or at which it may be interfered with; and (d) may be amended, renewed, reinstated, transferred, amalgamated, subdivided, surrendered or cancelled; and (e) attaches to the licensee's land unless the licensee is-- (i) the State; or (ii) a local government; or (iii) a water authority; or (iv) a resource operations licence holder; or (v) an interim resource operations licence holder; or (vi) a petroleum tenure holder; or (vii) the water grid manager; or (viii) an entity prescribed under a regulation. 214 Conditions of water licence (1) The water licence is subject to the conditions-- (a) prescribed under a regulation; and (b) the chief executive may impose for a particular licence. (2) Without limiting subsection (1), the conditions may require the licensee to do all or any of the following-- (a) commence taking or interfering with water authorised under the licence within a stated time; (b) install a measuring device to measure the volume of water taken, the rate at which it is taken and the time it is taken; (c) take the water authorised to be taken under the licence; (d) provide and maintain access to alternative water supplies for other persons, authorised under this Act to take water, who would be affected by the granting of the licence; (e) carry out and report on a stated monitoring program; (f) give relevant information reasonably required by the chief executive for the administration or enforcement of this Act; (g) for a water licence granted to a petroleum tenure holder-- (i) supply water in a stated volume or at a stated rate to stated members of the priority group for the licensee; and (ii) limit the licensee's charges for supply to the priority group members to an amount that is no more than the cost of the supply and the cost of treating the water to make it fit for the purpose for which it is supplied. (3) However, a stated volume or rate of supply to a priority group member must, as nearly as practicable, be the volume or rate that would have been allowed to the member had the member's water licence application been granted. (4) If section 206(3) applies to the licence, the licensee must, within 40 business days after receiving the licence, register the instrument of lease or easement under the Land Title Act 1994. (5) If the licensee fails, without reasonable cause, to register the instrument under subsection (4), the chief executive may cancel the licence. 215 Where water under certain licences must be used (1) Water taken under a licence that is attached to land must be used only on the land to which the licence attaches. Maximum penalty--1665 penalty units. (2) However, subsection (1) does not apply to-- (a) water taken under a licence attached to land the subject of a water facility agreement under the Land Protection (Pest and Stock Route Management) Act 2002; or (b) artesian water taken under a water licence for stock purposes; or (c) subartesian water, in an aquifer that is hydraulically connected to an artesian aquifer, taken under a water licence for stock and domestic purposes. 216 Amending water licence on application of licensee (1) The licensee may apply to amend a water licence. (2) The application to amend the licence must be dealt with under division 2, subdivisions 1 and 2, as if it were an application for a licence. 216A Amending water licence without public notice (1) Despite section 216(2), section 208 does not apply to an application to amend a water licence by adding land to, or removing land from, the land to which the licence attaches. (2) However, the applicant must give notice of the application to any entity that has an interest in the land to which the licence attaches, the land to be added or the land to be removed. (3) The notice must include at least the following-- (a) a description of the proposed changes to the land to which the licence attaches; (b) where copies of the application may be inspected and, on payment of a fee, purchased; (c) that written submissions may be made about the application; (d) the day by which submissions must be made, and the person to whom, and the place where, the submissions must be made. (4) The day mentioned in subsection (3)(d) must not be earlier than 30 business days after the day the notice is given. (5) Within 10 business days after the notice is given, the applicant must give the chief executive a copy of the notice. (6) If the applicant fails, without reasonable excuse, to comply with subsection (5), the application lapses. (7) The chief executive may-- (a) send a copy of the notice to any other entity the chief executive considers appropriate; and (b) decide the application after the day mentioned in subsection (3) (d). 217 Amending water licence to implement water resource plan (1) The chief executive must amend a water licence, if the water licence is inconsistent with a water resource plan or a resource operations plan. (2) The chief executive must, within the time stated in the plan or as soon as possible after the plan is approved-- (a) amend the licence; and (b) give the licensee a notice under section 205(2) stating the aspects of the existing licence that are inconsistent with the plan; and (c) give the licensee an amended licence in the approved form. (3) The amended licence takes effect from the day the chief executive gives the licensee the licence. 218 Other amendments chief executive may make to water licence (1) The chief executive may amend a water licence if the chief executive is satisfied the licence should be amended. (2) However, the amendment must not-- (a) increase the volume of, rate of or times when water may be taken under the licence; or (b) increase the area of land that may be irrigated under the licence; or (c) increase the interference with the flow of the water; or (d) change the location from which water may be taken, or interfered with, under the licence; or (e) cause a significant adverse effect on-- (i) the availability of water for the requirements of natural ecosystems; or (ii) the quality of water; or (iii) availability of water for existing water entitlement holders; or (iv) beneficial flooding. (3) Before the chief executive acts under subsection (1), the chief executive must give the licensee a show cause notice about the proposed amendment. (4) In deciding whether to amend the licence, the chief executive must consider any properly made submission about the proposed amendment. (5) If the chief executive is satisfied the proposed amendment should be made, the chief executive must, within 30 business days after the decision, give the licensee an amended licence in the approved form and an information notice. (6) If the chief executive is not satisfied the amendment should be made, the chief executive must give the licensee notice that the licence will not be amended. (7) The amended licence takes effect from the day the licence is given to the licensee. 219 Minor or stated amendments of water licence (1) The chief executive may amend the licence without complying with the provisions of this division about amending a licence if the amendment is only-- (a) to correct a minor error in the licence, or make another change that is not a change of substance; or (b) if the licence states that an amendment of a stated type may be made to the licence by amendment under this section--to make an amendment of the stated type. (2) If the chief executive amends a licence under subsection (1), the chief executive must give the licensee an amended licence in the approved form. 220 Renewing water licence (1) The licensee may apply to renew a water licence before the licence expires. (2) The application must be-- (a) made to the chief executive in the approved form; and (b) accompanied by the fee prescribed under a regulation. (3) If a licensee applies to renew a licence, the licence remains in force until-- (a) if the application is approved with or without variation--the applicant is given a new licence; or (b) if the application is refused and the applicant has appealed against the decision--until the date on which notification of the final outcome of the appeal has been given to the applicant; or (c) if the application is refused and the applicant has not appealed against the decision--30 business days after the applicant is given an information notice. (4) If the chief executive is satisfied the application should be approved, the chief executive must-- (a) approve the application; or (b) approve the application, subject to variation of the licence by 1 or more of the following-- (i) the amendment or revocation of a term to which it is subject or the addition of another term; (ii) the reduction of the volume of water the licensee is authorised to take under the licence or the rates at which, and the times when, it may be taken; (iii) the reduction of the authority to interfere with the water. (5) However, the variation to the licence under subsection (4)(b) must not-- (a) increase the volume of, rate of or times when water may be taken under the licence; or (b) increase the area of land that may be irrigated under the licence; or (c) increase the interference with the flow of the water; or (d) change the location from which water may be taken, or interfered with, under the licence; or (e) cause a significant adverse effect on-- (i) the availability of water for the requirements of natural ecosystems; or (ii) the quality of water; or (iii) availability of water for existing water entitlement holders; or (iv) beneficial flooding. (6) If the chief executive is not satisfied the application should be approved, the chief executive must refuse the application. (7) Within 30 business days after deciding the application, the chief executive must-- (a) if the application is refused or approved with variation, give the applicant an information notice; and (b) if the application is approved, give a new licence in the approved form to-- (i) the licensee; or (ii) if after making the application the applicant has ceased to be the owner of land to which the licence attaches--the registered owner of the land. (8) If the applicant is given a new licence, the licence has effect from the day the applicant is given the licence. 221 Reinstating expired water licence (1) If a licensee fails to renew a water licence, the licensee, or if the licensee has ceased to be an owner of the land to which the licence was attached, another owner of the land, may apply to have the licence reinstated within-- (a) 60 business days after the licence expires; or (b) if the chief executive approves a longer period--the longer period. (1A) The chief executive may approve a longer period for subsection (1) only if the chief executive is satisfied the works for taking or interfering with water under the water licence were operational from the day the licence expired to the day the chief executive approves the longer period. (2) The application must be-- (a) made to the chief executive in the approved form; and (b) accompanied by the fee prescribed under a regulation. (3) If an application for the reinstatement of a water licence is made, the expired licence is taken to have been in force from the day the application was made until the applicant has been notified of the chief executive's decision on the application. (4) For deciding the application, section 220(4) to (8) applies-- (a) as if a reference in the section to the renewal of a licence were a reference to the reinstatement of a licence; and (b) with any other necessary changes. 222 Transferring water licence to another person (1) The licensee of a water licence may apply to transfer the licence to-- (a) any owner of the land to which the licence attaches; or (b) a person who will be an owner of the land to which the licence attaches at the time the transfer is approved; or (c) if the licensee is an entity mentioned in section 206(4)--another entity mentioned in section 206(4). (2) However, if the licensee is a petroleum tenure holder, the licensee may apply to transfer the licence only in a way that reflects a change in the holding of the petroleum tenure. (2A) Subsection (2B) applies if the licensee is-- (a) an entity mentioned in subsection 206(4); and (b) the owner of land to which the licence attached at the time the licensee became the owner of the land. (2B) The licensee may also apply to transfer the licence to a person who will be an owner of the land at the time the transfer is approved. (3) An application under this section must be-- (a) made to the chief executive in the approved form; and (b) supported by evidence that enables the chief executive to transfer the licence, including, for example the written consent of the transferee; and (c) accompanied by the fee prescribed under a regulation. (3A) If the licensee is the entity mentioned in section 206(4)(a), the licensee may transfer the licence to a person-- (a) who, immediately before the transfer takes effect, is being supplied with water from the land to which the licence will attach at the time the transfer takes effect; and (b) who will be the owner of the land at the time the transfer takes effect. (4) The chief executive must give the transferee a new licence on conditions that have the same effect as the conditions on the previous licence, other than for the change of name of the licensee-- (a) for an application made under subsection (1)(a) or (c)--within 30 business days after receiving the application; or (b) for an application made under subsection (1)(b) or (2B)--within 30 business days after the transferee gives the chief executive notice that the transferee has become an owner of the land; or (c) for a transfer under subsection (3A)--as soon as practicable after the person becomes the owner of the land. (4A) A new licence given under subsection (4) for a transfer mentioned in subsection (2B) or (3A) attaches to the land of the transferee. (5) The new licence has effect on the day the transferee is given the licence. 223 Other transfer of water licence (1) Subsection (3) applies if a regulation states-- (a) that all or part of a water licence, to take water, attaching to land may be transferred so that the licence attaches to other land, whether in or outside Queensland; and (b) the process for dealing with an application for the transfer. (2) Subsection (3) also applies in the following circumstances, whether or not a water licence, to take water, attaches to the land-- (a) if a regulation states that all or part of the water licence to which a water resource plan applies may be-- (i) transferred to a prescribed person; or (ii) amended to change the location from which the water may be taken or the purpose for which the water may be taken; or (iii) amalgamated with another licence held or to be held by the transferee; (b) if a resource operations plan states rules for changing the location from which the water may be taken under the licence; (c) if the regulation states the process for dealing with an application for the transfer, amendment or amalgamation. (3) The application may be made only in accordance with the regulation. (4) If the application is, or includes, an application to amend a water licence to take water, and there is other land between the proposed point of the taking and the land to which the amended licence would attach, section 206(3)(b) also applies to the application. (5) If the application includes an application to amalgamate water licences, the part of the application relating to the amalgamation may be made only by an applicant mentioned in section 224(1). (6) In this section-- prescribed person means-- (a) a person who is, or will be, an owner of land to which a water licence will attach when a transfer under this section is approved; or (b) an entity mentioned in section 206(4). 224 Amalgamating water licences (1) The following licensees may apply to amalgamate 2 or more water licences into a single licence-- (a) the licensee or licensees of 2 or more water licences relating to the same land or contiguous land; (b) a licensee mentioned in section 213(e). (2) The application must be-- (a) made to the chief executive in the approved form; and (b) accompanied by the fee prescribed under a regulation. (3) The application must be dealt with under division 2, subdivisions 1 and 2, as if it were an application for a licence. (4) If the applicant is given a new licence, the original licences expire on the day the new licence is given. 225 Subdividing water licence (1) The licensee of a water licence (the original licence) may apply to replace the original licence with 2 or more new licences. (2) The application must be-- (a) made to the chief executive in the approved form; and (b) accompanied by the fee prescribed under a regulation. (3) The application must be dealt with under sections 206 to 215 as if it were an application for a licence. (4) If the chief executive approves the application, the chief executive must ensure that each new licence attaches only to land to which the original licence related. (5) The original licence expires on the day the new licences are given. 226 Surrendering water licence (1) A licensee may surrender a water licence by giving the chief executive a notice of surrender. (2) The surrender-- (a) takes effect on the date on which the surrender notice is received by the chief executive; and (b) does not affect in any way a duty under this Act about works imposed on the licensee before the surrender. 227 Cancelling water licence (1) The chief executive may cancel a water licence if the chief executive is satisfied the licence should be cancelled. (2) Without limiting subsection (1), the chief executive may cancel a water licence granted to a petroleum tenure holder if-- (a) the petroleum tenure ends; or (b) if the petroleum tenure is a petroleum tenure under the Petroleum and Gas (Production and Safety) Act 2004--the licensee ceases to carry out, under that Act, any of the following and has not stored an appropriate amount of associated water under that Act-- (i) approved testing for petroleum production; (ii) petroleum production for commercial purposes; or (c) if the petroleum tenure is an authority to prospect under the Petroleum Act 1923, the licensee-- (i) ceases to carry out, under that Act, testing for petroleum production in accordance with the instrument for the authority to prospect; and (ii) has not stored an appropriate amount of associated water under that Act; or (d) if the petroleum tenure is a petroleum lease under the Petroleum Act 1923, the licensee-- (i) ceases to carry out, under that Act, petroleum production for commercial purposes; and (ii) has not stored an appropriate amount of associated water under that Act. (3) Section 218 applies to the cancellation-- (a) as if a reference in the section to an amendment of the licence were a reference to the cancellation of the licence; and (b) with any other necessary changes. 228 Effect of licensee ceasing to be an owner of land (1) Subsection (2) applies if-- (a) a water licence attaches to land; and (b) the licensee ceases to be an owner of the land; and (c) before ceasing to be an owner of the land the licensee applied, in accordance with section 222, to transfer the licence to another person. (2) On the day the licensee ceases to be an owner of the land-- (a) the licensee ceases to be the holder of the licence; and (b) the other person becomes the new licensee. (3) However, subsection (4) applies if-- (a) a water licence attaches to land; and (b) the licensee ceases to be an owner of the land; and (c) before ceasing to be an owner of the land the licensee did not apply, in accordance with section 222, to transfer the licence to another person. (4) On the day the licensee ceases to be an owner of the land-- (a) the licensee ceases to be the holder of the licence; and (b) the registered owner of the land becomes the new licensee. (5) Within 30 business days after becoming the new licensee, the new licensee must give the chief executive notice that the previous licensee has ceased to be the licensee. (6) Within 30 business days after receiving the notice, the chief executive must give the new licensee a new licence on conditions that have the same effect as the conditions on the previous licence, other than for the change of name of the licensee. (7) In this section-- owner, of land, includes an occupier of the land who was the holder of an entitlement to take water in relation to the land-- (a) in force under the repealed Act immediately before the commencement of this section; and (b) that is, under section 1048(5), taken to be a water licence. 229 Effect of disposal of part of land to which water licence to take water attaches (1) Subsection (2) applies if-- (a) a water licence to take water is attached to land; and (b) the registered owner of the land disposes of part of the land. (2) The licence expires on the day the owner disposes of the part. (3) However, 1 or more of the owners of the land to which the expired licence related may apply for 1 or more licences to replace the expired licence-- (a) within 60 business days after the owner disposes of the part; or (b) if, in a particular case, the chief executive extends the period for making the application--within the extended period. (4) An application must be-- (a) made to the chief executive in the approved form; and (b) accompanied by the fee prescribed under a regulation. (5) If an application is made to replace a licence, the expired licence is taken to have been in force until-- (a) the applicant has been notified of the chief executive's decision on the application; or (b) if the application is refused and the applicant has appealed against the decision--until the date on which notification of the final outcome of the appeal has been given to the applicant. (6) Subject to subsection (7), the application must be dealt with as if the application were an application under section 225. (7) The chief executive must also give notice of the application to all the registered owners of the land to which the expired licence related. (8) The notice must state-- (a) that a written submission may be made about the application; and (b) a day by which the submission must be made, and the person to whom, and the place where, the submission must be made. (9) The day stated under subsection (8)(b) must not be earlier than 30 business days after the day the notice is given. 229A Effect of disposal of part of land to which water licence to interfere with water attaches (1) This section applies if-- (a) a water licence to interfere with the flow of water on, under or adjoining land is attached to land; and (b) the registered owner of the land disposes of part of the land. (2) If the location at which water may be interfered with is on, under or adjoining either the part of the land disposed of or the part retained by the owner, the licence attaches to the part and may be amended under section 219 to show the change. (3) However, if the location at which water may be interfered with is on, under or adjoining both the part of the land disposed of and the part retained, the licence must be amended by the chief executive under section 219 so that it is held jointly by both the owner of the part retained and the owner of the part disposed of. 229B Application of sdiv 6 (1) This subdivision applies to a water licence if part of the land to which the licence attaches is taken under the Acquisition of Land Act 1967. (2) If the acquisition includes an acquisition of the licence, section 222 applies for transferring the licence to the entity that acquired the land. (3) If the acquisition does not include an acquisition of the licence, sections 229C to 229E apply. 229C Effect of acquisition of part of land adjoining a watercourse, lake or spring (1) This section applies to a water licence to take water from a watercourse, lake or spring adjoining the land to which the licence attaches, if part of the land is taken under the Acquisition of Land Act 1967. (2) If water taken under the licence can still be taken from the watercourse, lake or spring adjoining the remaining part of the land, the licence-- (a) does not expire under section 229; and (b) may be amended under section 219 so it attaches to the remaining part of the land. (3) If the remaining part of the land no longer adjoins the watercourse, lake or spring, section 229 applies as if the acquisition were a disposal. 229D Effect of acquisition of part of land above an aquifer (1) This section applies to a water licence to take water from an aquifer under the land to which the licence attaches, if part of the land is taken under the Acquisition of Land Act 1967. (2) If the remaining part of the land is above the aquifer from which water may be taken under the licence, and the conditions of the licence allow water to be taken from the remaining part, the licence-- (a) does not expire under section 229; and (b) may be amended under section 219 so it attaches to the remaining part of the land. (3) If the remaining part of the land is not above the aquifer, or the conditions of the licence do not allow water to be taken from the remaining part, section 229 applies as if the acquisition were a disposal. 229E Effect of acquisition of part of other land (1) This section applies to a water licence granted in response to an application mentioned in section 206(3), if part of the land to which the licence attaches is taken under the Acquisition of Land Act 1967. (2) If water taken under the licence can still be delivered to the remaining part of the land, the licence-- (a) does not expire under section 229; and (b) may be amended under section 219 so it attaches to the remaining part of the land. (3) If water taken under the licence can not still be delivered to the remaining part of the land, section 229 applies as if the acquisition were a disposal. 230 Application of div 3 This division applies if-- (a) a water resource plan or the resource operations plan that implements the water resource plan allows seasonal water assignments; or (b) for water licences to which no water resource plan or resource operations plan applies--a regulation allows seasonal water assignments and prescribes seasonal water assignment rules. 231 Applying for seasonal water assignment (1) The licensee of a water licence or the holder of a seasonal water assignment notice may apply for a seasonal water assignment for the water year in which the application is made. (2) The application must-- (a) be made to the chief executive in the approved form; and (b) be supported by sufficient information to enable the chief executive to decide the application; and (c) include the name and address of the proposed assignee; and (d) if the proposed assignee holds a water licence for the water management area in which the assignee proposes to take the benefit of the assignment--include details of the water licence; and (e) include the written consent of the proposed assignee; and (f) be accompanied by the fee prescribed under a regulation. 232 Additional information may be required (1) The chief executive may require-- (a) the applicant to give additional information about the application; or (b) any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration. (2) If the applicant fails, without reasonable excuse, to comply with the requirement within the reasonable time stated in the requirement, the application lapses. 233 Deciding application for seasonal water assignment (1) If the application is in accordance with the seasonal water assignment rules, the chief executive must approve the application, with or without conditions. (2) If the application is not in accordance with the rules, the chief executive must refuse the application. (3) As soon as practicable after deciding the application, the chief executive must give the applicant an information notice. (4) If the chief executive grants the application, with or without conditions, the chief executive must, as soon as practicable after approving the application, give the proposed assignee a seasonal water assignment notice for the water year in the approved form. (4A) If the assignee holds a water licence for the water management area in which the assignee proposes to take the benefit of the assignment, a notice given under subsection (4) has the effect of increasing the volume of water authorised to be taken under the licence by the volume stated in the notice. (5) The assignment has effect from the day the information notice is given to the applicant. 234 Effect of approval on water licence To the extent that the application is approved, the licensee is not authorised to take water under the water licence. 235 Conditions of seasonal water assignment The seasonal water assignment notice is subject to the conditions-- (a) to which the water licence is subject; and (b) prescribed under a regulation; and (c) the chief executive may impose for a particular notice. 236 Application of ss 25, 243 and 244 Sections 25, 243 and 244 apply to a seasonal water assignment notice as if a reference in the sections to a water permit were a reference to a seasonal water assignment notice. 237 Applying for water permit (1) A person may apply for a water permit for taking water for an activity. (2) At the time the application is made, the activity, including, for example, the construction of a road, mineral exploration or petroleum exploration, must have a reasonably foreseeable conclusion date. (3) The application must be-- (a) made to the chief executive in the approved form; and (b) supported by sufficient information to enable the chief executive to decide the application; and (c) accompanied by the fee prescribed under a regulation. 238 Additional information may be required (1) The chief executive may require-- (a) the applicant to give additional information about the application; or (b) any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration. (2) If the applicant fails, without reasonable excuse, to comply with the requirement within the reasonable time stated in the requirement, the application lapses. 239 Criteria for deciding application for water permit (1) In deciding whether to grant or refuse the application or the conditions for the water permit, the chief executive must consider the following-- (a) the application and additional information given in relation to the application; (b) any water resource plan or resource operations plan that may apply to the permit; (c) existing water entitlements and authorisations to take or interfere with water; (d) any information about the impacts on natural ecosystems; (e) any information about the impacts on the physical integrity of watercourses, lakes, springs or aquifers; (f) policies developed in consultation with local communities for the sustainable management of local water; (g) the public interest. (2) The chief executive may also consider whether the applicant has been convicted of an offence against this Act, the repealed Act or an interstate law. 240 Deciding application for water permit (1) If the chief executive is satisfied the application should be granted, or granted in part, the chief executive must grant all or part of the application for a stated period, with or without conditions. (2) If the chief executive is not satisfied the application should be granted, the chief executive must refuse the application. (3) Within 30 business days after deciding the application, the chief executive must give the applicant an information notice. (4) If the chief executive grants all or part of the application, with or without conditions, the chief executive must, within 30 business days after granting the application, give the applicant a water permit in the approved form. (5) The permit has effect from the day the information notice is given to the applicant. 241 Contents of water permit A water permit-- (a) relates to the location or locations stated on the permit; and (b) must be granted for a stated period; and (c) can not be transferred, amended, renewed or suspended; and (d) must be for a stated activity. 242 Conditions of water permit The water permit is subject to the conditions-- (a) prescribed under a regulation; and (b) the chief executive may impose for a particular permit. 243 Surrendering water permit (1) A permittee may surrender a water permit by giving the chief executive a notice of surrender. (2) The surrender-- (a) takes effect from the day the surrender notice is received by the chief executive; and (b) does not affect in any way a duty under this Act about works imposed on the permittee before the surrender. 244 Cancelling water permit (1) The chief executive may cancel a water permit if the chief executive is satisfied the permit should be cancelled. (2) Section 218 applies to the cancellation-- (a) as if a reference in the section to-- (i) an amendment were a reference to a cancellation; and (ii) a licence were a reference to a permit; and (iii) a licensee were a reference to a permittee; and (b) with any other necessary changes. 245 Replacing lost or destroyed water licence or permit (1) If a water licence or permit has been lost or destroyed, the licensee or permittee may apply to the chief executive for a replacement licence or permit. (2) The application must be-- (a) in writing; and (b) accompanied by the fee prescribed under a regulation. (3) If the applicant complies with subsection (2) the chief executive must give the applicant a replacement licence or permit. 258 Declaring catchment areas For preserving the quality of water, a regulation may declare an area to be a catchment area. 259 Regulating land use in catchment area (1) The regulation may regulate-- (a) the use of land in the catchment area, or a part of the area, identified in the regulation; and (b) the construction and use of buildings and structures on the land. (2) To the extent that a planning scheme under the Integrated Planning Act 1997 or a local law is inconsistent with the regulation, the planning scheme or local law is ineffective. (3) To the extent that a development approval under the Integrated Planning Act 1997 is inconsistent with the regulation, the development approval is ineffective. (4) The regulation does not affect a person's power under this or another Act to take action to protect the quality of water in the catchment area. 266 Applying for permit to destroy vegetation, excavate or place fill in a watercourse, lake or spring (1) A person may apply to the chief executive for a permit to do any or all of the following activities-- (a) destroy vegetation in a watercourse, lake or spring; (b) excavate in a watercourse, lake or spring; (c) place fill in a watercourse, lake or spring. (2) Subsection (2A) applies if the applicant is neither of the following in relation to land that wholly contains the watercourse, lake or spring or the part of the watercourse, lake or spring where the activity is to take place-- (a) the registered owner of the land; (b) the holder of a mineral development licence or a mining lease under the Mineral Resources Act 1989 for the land. (2A) The application must include the written consent of the registered owners of land-- (a) wholly containing the length of the watercourse in which the activity is to take place or the part of the lake or spring where the activity is to take place; or (b) adjoining the watercourse, lake or spring where the activity is to take place. (3) The application must-- (a) be made to the chief executive in the approved form; and (b) state the proposed activity and the purpose of the activity; and (c) be accompanied by the fee prescribed under a regulation. (4) The application is taken not to have been made if any part of the application-- (a) relates to a wild river high preservation area or a nominated waterway in a wild river preservation area; and (b) relates to an activity other than-- (i) an activity necessary to control non-native plants or declared pests in the area; or (ii) an activity necessary for specified works in the area; or (iii) an activity that is a necessary and unavoidable part of installing or maintaining works or infrastructure required to support other development for which a development permit is not required or, if a development permit is required, the permit is held or has been applied for. 267 Additional information may be required (1) The chief executive may require-- (a) the applicant to give additional information about the application, including, for example, a statement of environmental effects; or (b) any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration. (2) If the applicant fails, without reasonable excuse, to comply with the requirement within the reasonable time stated in the requirement, the application lapses. 268 Criteria for deciding application for a permit to destroy vegetation, excavate or place fill in a watercourse, lake or spring In deciding whether to grant or refuse the application or what should be the conditions of the permit, the chief executive must consider the following-- (a) the effects of the proposed activity on water quality; (b) the quantity of vegetation to be destroyed or material to be excavated or placed; (c) the type of vegetation to be destroyed or material to be excavated or placed; (d) the seasonal factors influencing the watercourse, lake or spring from time to time; (e) the position in the watercourse, lake or spring of the vegetation to be destroyed or the proposed excavation or placing of fill; (f) the reasons given by the applicant for wishing to carry out the activity; (g) whether, and to what extent, the activity that the permit would allow may have an adverse effect on the physical integrity of the watercourse, lake or spring; (h) any applicable wild river declaration, including any code, for the proposed activity, mentioned in the declaration; (i) the implications of granting the permit for the long-term sustainable use of the river systems of Australia, and especially the cumulative effect of granting the application and likely similar applications; (j) any other matters the chief executive considers to be relevant. 269 Deciding application for permit to destroy vegetation, excavate or place fill in a watercourse, lake or spring (1) If the chief executive is satisfied the application should be granted, or granted in part, the chief executive must issue a permit, with or without conditions. (2) If the chief executive is not satisfied the application should be granted, the chief executive must refuse the application. (3) Within 30 business days after deciding the application, the chief executive must give the applicant an information notice. (4) If the chief executive grants all or part of the application, with or without conditions, the chief executive must, within 30 business days after granting the application, give the applicant a permit in the approved form. (5) The permit-- (a) has effect from the day the applicant is given the permit; and (b) must state how long it is to stay in force. 270 Amending conditions or cancelling permit (1) The chief executive may amend the conditions of, or cancel, the permit, if- - (a) the conditions of the permit are not being complied with or have been contravened; or (b) it becomes evident that any adverse effect of the permitted activity on the physical integrity of the watercourse, lake or spring is greater than was anticipated when the permit was issued. (2) Before amending or cancelling the permit, the chief executive must give the permittee a show cause notice inviting the permittee to show cause, within the reasonable time stated in the notice, why the permit should not be amended or cancelled. 271 Deciding whether to proceed with proposed cancellation or amendment (1) In deciding whether to cancel or amend the permit, the chief executive must consider any properly made submission about the proposed cancellation or amendment. (2) If the chief executive is satisfied the permit should be amended or cancelled, the chief executive must give the permittee-- (a) an information notice; and (b) if the permit is amended--an amended permit in the approved form. (3) If the chief executive is not satisfied the permit should be amended or cancelled, the chief executive must give the permittee notice that the permit will not be amended or cancelled. (4) If the permit is cancelled or amended, the amendment or cancellation takes effect from the day the permittee is given the information notice. 272 Immediate suspension of permit in exceptional circumstances (1) In addition to giving the permittee a show cause notice about the amendment or cancellation of the permit, the chief executive may give the permittee an information notice that immediately suspends the permit. (2) The suspension has effect from the day the permittee is given the notice. (3) The notice may be given only if the chief executive is satisfied exceptional circumstances exist in relation to the permit to cause the chief executive reasonable concern for the physical integrity of the watercourse, lake or spring. (4) The permittee must not act under the permit during the period the permit is suspended, unless the permittee has a reasonable excuse. Maximum penalty--1665 penalty units. (5) The notice has effect until-- (a) the permit is amended or cancelled; or (b) the chief executive gives the permittee notice that the suspension has been withdrawn. (6) If the chief executive is satisfied the suspension should not continue, the chief executive must give the permittee notice that the suspension has been withdrawn. (7) If suspension of the permit is withdrawn, the withdrawal takes effect from the day the permittee is given notice of the withdrawal. (8) After the suspension is withdrawn, the permit remains in effect only for the period during which it would have been in effect but for the suspension. 273 Notice to owner of land to remove vegetation etc. (1) This section applies if-- (a) there is on any land vegetation, litter, refuse or other matter; and (b) it appears to the chief executive that-- (i) the vegetation, litter, refuse or matter-- (A) has obstructed, or may obstruct, the flow of water in a watercourse, lake or spring; or (B) has had, or may have, a significant adverse effect on the physical integrity of a watercourse, lake or spring; or (C) has significantly affected, or may significantly affect, the quality of water in a watercourse, lake or spring; and (ii) action should be taken in relation to the vegetation, litter, refuse or matter to protect or restore the flow of water in the watercourse, lake or spring, the physical integrity of the watercourse, lake or spring or the quality of water in the watercourse, lake or spring. (1A) This section also applies if-- (a) there is, in a watercourse or lake, vegetation, litter, refuse or other matter; and (b) the circumstances of the vegetation, litter, refuse or matter in the watercourse or lake correspond to the circumstances required under subsection (1)(b) in relation to vegetation, litter, refuse or matter; and (c) the watercourse or lake is on land or forms a boundary or part of a boundary of land. (2) The chief executive may give notice to the owner of the land requiring the owner to take the reasonable action stated in the notice within the reasonable time and in the way, if any, stated in the notice. (2A) However, in relation to a watercourse forming a boundary, or part of a boundary, of the owner's land, the notice must not require the owner to take action beyond the centre-line of the watercourse. (3) The owner must comply with the notice, unless the owner has a reasonable excuse. Maximum penalty--1665 penalty units. (4) For sections 783 and 851, the notice is taken to be a compliance notice. (5) In this section-- vegetation includes non-native vegetation of any kind. 279 Ownership and management of certain quarry material Despite the Forestry Act 1959-- (a) quarry material that is in the part of a watercourse or lake, the beds and banks of which are the property of the State, is the property of the State; and (b) all quarry material is under the control of the chief executive. 280 Applying for allocation of quarry material (1) Any person may apply for an allocation of quarry material. (2) The application must be-- (a) made to the chief executive in the approved form; and (b) supported by sufficient information to enable the chief executive to decide the application; and (c) accompanied by the fee prescribed under a regulation. (3) However, if any part of the application relates to a wild river area, the application is taken not to have been made unless the quarry material for the proposed allocation is to be used for specified works, or residential complexes, in the wild river area. 281 Additional information may be required (1) For deciding the application, the chief executive may require all or any of the following-- (a) the applicant to give additional information about the application; (b) the applicant to pay to the chief executive the reasonable amount decided by the chief executive by way of contribution towards the costs of research and investigations necessary for deciding the application; (c) any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration. (2) If the applicant does not give the chief executive the further information, documents or amount by the reasonable date stated in the notice, the application lapses. 282 Criteria for deciding application for allocation of quarry material (1) In deciding whether to grant or refuse the application or what should be the conditions of the allocation, the chief executive must consider the impact the removal of the quarry material will have on the long term sustainable use of the watercourse or lake, including the following-- (a) the physical integrity of the watercourse or lake, including bed and bank stability; (b) the condition of the watercourse or lake, including its ability to function naturally; (c) the supply of sediments to estuaries and the sea from the watercourse or lake; (d) the quarry material available in the watercourse or lake and any existing quarry material allocations in relation to the watercourse or lake. (1A) Also, if any part of the application relates to a wild river area, the chief executive must, in deciding whether to grant or refuse the application or what should be the conditions of the allocation, consider the wild river declaration for the area. (2) Subsections (1) and (1A) do not stop the chief executive from considering other matters relevant to the removal of the material. (3) If any part of the application relates to a wild river area, the chief executive must not grant the application unless satisfied-- (a) the quarry material for the proposed allocation is to be used for specified works or a residential complex; and (b) there is no other suitable source of material not in a watercourse that is within a reasonable distance from where the specified works or the residential complex is or will be situated. 283 Deciding application for allocation of quarry material (1) If the chief executive is satisfied the application should be granted, or granted in part, the chief executive must grant the application, with or without conditions. (2) If the chief executive is not satisfied the application should be granted, the chief executive must refuse the application. (3) Within 30 business days after deciding the application, the chief executive must give the applicant-- (a) notice of the decision; and (b) if the chief executive grants all or part of the application, with or without conditions--an allocation notice in the approved form. (4) The allocation notice-- (a) has effect from the day stated in the notice; and (b) remains in force, unless sooner cancelled or suspended, for the period decided by the chief executive but not more than 5 years. 284 Selling allocation of State quarry material by auction or tender (1) The chief executive may sell by auction or tender an allocation of State quarry material. (2) In selling the allocation, the chief executive must consider the impact the removal of the quarry material will have on the long term sustainable use of the watercourse or lake, including the matters mentioned in section 282. (3) The chief executive must give the buyer an allocation notice. (4) Sections 285 to 287 apply to the allocation notice. 285 Content of allocation notices Without limiting what may be included in an allocation notice, the notice must state-- (a) the quantity of quarry material for the allocation; and (b) the maximum rate for extracting the quarry material. 286 Conditions of allocation notices An allocation notice is subject to-- (a) the condition that the allocation holder give to the chief executive, within 7 days after the end of each month, a written return in the approved form for all quarry material removed by the holder, in the month; and (b) any other condition stated in the allocation notice. 287 Financial assurance for allocation of quarry material (1) Without limiting section 286(b), the allocation of quarry material may be subject to a condition that the allocation holder give the chief executive financial assurance in the form, and for the reasonable amount, decided by the chief executive. (2) The financial assurance must continue in force, until all the conditions of the allocation notice are complied with to the satisfaction of the chief executive. 288 Transferring allocation of quarry material (1) The allocation notice holder may apply to transfer all or part of the allocation to another person. (2) The application must be-- (a) made to the chief executive in the approved form; and (b) supported by sufficient information to enable the chief executive to decide the application, including, for example, the consent of the transferee to the transfer; and (c) accompanied by the fee prescribed under a regulation. (3) Within 30 business days after receiving the application, the chief executive must-- (a) if the transfer is for all the allocation--approve the transfer; or (b) if the transfer is for part of the allocation-- (i) approve the transfer, as applied for, with or without conditions; or (ii) approve the transfer, as varied by the chief executive, with or without conditions; or (iii) refuse the transfer. (4) In making a decision under subsection (3)(b), the chief executive must consider the impact the transfer will have for the matters mentioned in section 282. (5) Within 30 business days after deciding the application, the chief executive must-- (a) give the applicant and the transferee an information notice; and (b) if the transfer is approved, with or without conditions--give the transferee a new allocation notice in accordance with the approval; and (c) if the application was not to transfer all of an allocation--give the applicant an amended allocation notice for the part not transferred. (6) The transfer has effect from the day the information notice is given. 289 Renewing allocations of quarry material (1) The allocation notice holder may apply to renew the allocation notice. (2) The application must be-- (a) made to the chief executive in the approved form; and (b) accompanied by the fee prescribed under a regulation. (3) Within 30 business days after receiving the application, the chief executive must-- (a) approve the renewal, as applied for, with or without conditions; or (b) approve the renewal, as varied by the chief executive, with or without conditions; or (c) refuse the renewal. (4) In deciding whether to renew the allocation, the chief executive must consider the impact the renewal will have for the matters mentioned in section 282. (5) Within 30 business days after deciding the application, the chief executive must give the applicant-- (a) an information notice; and (b) if the renewal is approved, with or without conditions--a new allocation notice in accordance with the approval. 290 Amending, suspending or cancelling allocation notice (1) The chief executive may amend, suspend or cancel an allocation notice if the chief executive is satisfied, or reasonably believes-- (a) the allocation notice was granted in error or in consequence of a false or fraudulent document, statement or representation; or (b) the allocation notice holder-- (i) is convicted of an offence against this Act; or (ii) failed to comply with a condition of the allocation notice; or (c) unforeseen degradation in the condition of the watercourse or lake requires the allocation notice to be amended, suspended or cancelled. (2) An amendment under subsection (1) must not increase the quantity of material that may be extracted, the rate of extraction or the period for which the allocation notice has effect. (3) Before amending, suspending or cancelling an allocation notice, the chief executive must give the holder a show cause notice inviting the holder to show cause, within the reasonable time stated in the notice, why the allocation notice should not be amended, suspended or cancelled. 291 Deciding whether to proceed with proposed amendment, suspension or cancellation of allocation notice (1) In deciding whether to amend, suspend or cancel the allocation notice, the chief executive must consider any properly made submission about the proposed amendment, suspension or cancellation. (2) If the chief executive is satisfied the allocation notice should be amended, suspended or cancelled, the chief executive must amend, suspend or cancel the allocation notice. (3) If the chief executive is satisfied the allocation notice should not be amended, suspended or cancelled, the chief executive must give the holder a notice that the allocation notice will not be amended, suspended or cancelled. (4) Within 30 business days after amending, suspending or cancelling the allocation notice, the chief executive must give the holder an information notice about the amendment, suspension or cancellation. (5) The amendment, suspension or cancellation takes effect the day the holder is given the information notice. (6) If the allocation notice is amended, the chief executive must give the holder an amended allocation notice. (7) If the allocation notice is suspended, it is of no effect during the period of suspension and after the suspension remains in effect only for the period during which it would have been in effect but for the suspension. (8) The suspension may be for the reasonable period the chief executive decides. 292 Royalty or price for State quarry material (1) For State quarry material removed under an allocation notice, royalty at the rate prescribed under a regulation or the price set for the sale is payable to the State in the way and at the times prescribed under the regulation or the sale. (2) Royalty or the price payable and not paid is a debt due to the State. (3) A person who fails to pay the royalty or the price payable commits an offence against this Act. Maximum penalty--50 penalty units. 299 Applying for water bore driller's licence (1) An individual may apply for a water bore driller's licence. (2) The application must-- (a) be made to the chief executive in the approved form; and (b) state the class of licence prescribed under a regulation for which the applicant is applying; and (c) state any licence endorsements, prescribed under a regulation, the applicant is applying for; and (d) be supported by evidence that the applicant has the qualifications or experience prescribed under a regulation for a water bore driller; and (e) be accompanied by the fee prescribed under a regulation. 300 Additional information may be required (1) The chief executive may require-- (a) the applicant to give additional information about the applicant's experience or history in the water bore drilling industry, including, for example if the applicant has-- (i) been convicted of an offence against this Act, the repealed Acts or an interstate law; or (ii) held a licence to drill water bores that has been cancelled or suspended under this Act, the repealed Acts or an interstate law; or (b) any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration. (2) If the applicant fails, without reasonable excuse, to comply with the requirement within the reasonable time stated in the requirement, the application lapses. 301 Deciding application for water bore driller's licence (1) If the chief executive is satisfied the application should be granted, or granted in part, the chief executive must grant the application. (2) If the chief executive is not satisfied the application should be granted, the chief executive must refuse the application. (3) Within 30 business days after deciding to grant all or part of the application, the chief executive must give the applicant a water bore driller's licence in the approved form-- (a) for a particular class of licence; and (b) with particular endorsements; and (c) with or without conditions. (4) If the application is refused or the licence given to the applicant is different, in any respect, from the licence applied for, the chief executive must give the applicant an information notice within 30 business days after deciding the application. 302 Conditions of water bore driller's licence (1) The water bore driller's licence is subject to the conditions-- (a) prescribed under a regulation, including the period for which the licence has effect; and (b) the chief executive may impose for a particular licence. (2) Without limiting subsection (1), the conditions may limit the types of equipment and drilling methods the licence holder may use. 304 Applying to amend water bore driller's licence (1) A licence holder may apply to amend a water bore driller's licence, including to upgrade the licence. (2) An application to amend the licence must be dealt with under section 299 to 303 as if it were an application for a licence. 305 Giving show cause notice about proposed amendment of water bore driller's licence (1) Subsection (2) applies if the chief executive is satisfied the licence holder is no longer competent to carry out water bore drilling activities authorised by the licence. (2) The chief executive must give the holder a show cause notice as to why the licence should not be amended in the way stated in the notice. 306 Deciding proposed amendment of water bore driller's licence (1) In deciding whether to proceed with the proposed amendment, the chief executive must consider any properly made submission about the proposed amendment. (2) If the chief executive is satisfied the proposed amendment should be made the chief executive must, within 30 business days after the decision, give the holder an amended licence in the approved form and an information notice. (3) If the holder agrees in writing to an amendment that is different from the amendment stated in the show cause notice, the chief executive must, within 30 business days after the agreement is received, give the holder an amended licence in the approved form. (4) If the chief executive is not satisfied the amendment should be made, the chief executive must give the holder notice that the licence will not be amended. (5) The amended licence takes effect from the day the holder is given the amended licence. 307 Minor or stated amendments of water bore driller's licence The chief executive may amend the licence without complying with the provisions of this division about amending a licence if the amendment is only-- (a) to correct a minor error in the licence, or make another change that is not a change of substance; or (b) if the licence states that an amendment of a stated type may be made to the licence by amendment under this section--to make an amendment of the stated type. 308 Renewing water bore driller's licence (1) The licence holder may apply to renew a water bore driller's licence. (2) The application must be-- (a) made to the chief executive in the approved form; and (b) made before the licence expires; and (c) accompanied by the fee prescribed under a regulation. (3) If the holder applies to renew the licence, the licence remains in force until the applicant has been notified of the chief executive's decision on the application. (4) After considering the application and any need to change the class, endorsements or conditions shown on the licence, if the chief executive is satisfied the application should be approved, the chief executive must-- (a) approve the application; or (b) approve the application, subject to variation of the class, endorsements or conditions shown on the licence. (5) If the chief executive is not satisfied the application should be approved, the chief executive must refuse the application. (6) If the chief executive refuses the application, or approves the application under subsection (4)(b), the chief executive must, within 30 business days after deciding the application, give the applicant an information notice. (7) The chief executive, on approving the application, must give the holder a new licence in the approved form. 308A Reinstating expired water bore driller's licence (1) If a licence holder fails to renew a water bore driller's licence, the holder may, within 30 business days after the licence expires, apply to have the licence reinstated. (2) The application must be-- (a) made to the chief executive in the approved form; and (b) accompanied by the fee prescribed under a regulation. (3) If an application for the reinstatement of a water bore driller's licence is made, the expired licence is taken to have been in force from the day the application was made until the applicant has been notified of the chief executive's decision on the application. (4) For deciding the application, section 308(4) to (7) applies-- (a) as if a reference in the section to the renewal of a licence were a reference to the reinstatement of a licence; and (b) with any other necessary changes. 309 Suspending water bore driller's licence (1) The chief executive may suspend a water bore driller's licence if the chief executive is satisfied the licence holder-- (a) has been convicted of an offence against this Act, the repealed Acts or an interstate law; or (b) has carried out water bore drilling activities not permitted for the class of licence; or (c) has failed to comply with the conditions of the licence; or (d) has failed to comply with section 313. (2) Before the chief executive acts under subsection (1), the chief executive must give the holder a show cause notice about the proposed suspension. (3) In deciding whether to suspend the licence, the chief executive must consider any properly made submission about the proposed suspension. (4) If the chief executive is satisfied the licence should be suspended, the chief executive must, within 30 business days after the decision, give the holder an information notice. (5) If the chief executive is not satisfied the licence should be suspended, the chief executive must give the holder notice that the licence will not be suspended. (6) The suspension takes effect from the day the information notice is given to the holder. (7) If the licence is suspended, it is of no effect during the period of suspension. 310 Cancelling water bore driller's licence (1) The chief executive may cancel a water bore driller's licence if the chief executive is satisfied-- (a) the licence was granted or renewed in error or in consequence of a false or misleading representation or declaration (made either orally or in writing); or (b) the holder-- (i) has been convicted of an offence against this Act, the repealed Acts or an interstate law; or (ii) has carried out water bore drilling activities not permitted under the licence; or (iii) has failed to comply with the conditions of the licence. (2) Before the chief executive acts under subsection (1), the chief executive must give the holder a show cause notice about the proposed cancellation. (3) In deciding whether to cancel the licence, the chief executive must consider any properly made submission about the proposed cancellation. (4) If the chief executive is satisfied the licence should be cancelled, the chief executive must, within 30 business days after the decision, give the holder an information notice. (5) If the chief executive is not satisfied the licence should be cancelled, the chief executive must give the holder notice that the licence will not be cancelled. (6) The cancellation takes effect from the day the information notice is given to the holder. 311 Production of licence to authorised officer (1) This section applies if an authorised officer finds an individual in circumstances that lead, or has information that leads, the authorised officer to reasonably suspect the individual is-- (a) drilling, deepening, enlarging or casing a water bore; or (b) removing, replacing, altering or repairing the casing, lining or screening of a water bore; or (c) decommissioning a water bore. (2) The authorised officer may require the individual to produce the individual's water bore driller's licence for the authorised officer's inspection. (3) If the individual holds a current water bore driller's licence, the individual must comply with the requirement, unless the individual has a reasonable excuse. Maximum penalty--50 penalty units. (4) When making the requirement, the authorised officer must warn the individual it is an offence to fail to produce the licence, unless the individual has a reasonable excuse. (5) Subsection (3) does not apply to the individual who is carrying out an activity under the Petroleum Act 1923 or the Mineral Resources Act 1989 if the activity would not result in a water bore being left as a functional bore for the supply of water at the end of the activity. 312 Failure to return suspended, cancelled or expired licence (1) Subsection (2) applies if an individual's water bore driller's licence has been suspended, cancelled or has expired. (2) The individual must, unless the individual has a reasonable excuse for not returning the licence, return the licence to the chief executive as soon as practicable (but within 15 business days) after-- (a) for the suspension of a licence--the day notice of the suspension was given to the individual; or (b) for the cancellation of a licence--the day notice of the cancellation was given to the individual. Maximum penalty for subsection (2)--50 penalty units. (3) If a licence has been returned to the chief executive under subsection (2) because of suspension of the licence, the chief executive must return the licence to the individual at the end of the period of suspension. 313 Records of water bores drilled (1) A water bore driller's licence holder must keep, in the approved form, information prescribed under a regulation about any activity the holder may carry out under this Act. (2) The holder must record the information as each water bore is being drilled. Maximum penalty--50 penalty units. (3) The holder must give to the chief executive a copy of the information about each water bore within 30 business days after completing the drilling of the water bore. Maximum penalty for subsection (3)--50 penalty units. 314 Replacing lost or destroyed water bore driller's licence (1) If a water bore driller's licence has been lost or destroyed, the licence holder may apply to the chief executive for a replacement licence. (2) The application must be-- (a) in writing; and (b) accompanied by the fee prescribed under a regulation. (3) If the holder complies with subsection (2) the chief executive must give the holder a replacement licence. 326 Purpose of pt 11 (1) Under this part, the chief executive may grant an operations licence for a single operation for the taking water by a person as an agent for 2 or more water entitlement holders. (2) An operations licence-- (a) must state the water entitlements to which the licence relates; and (b) must state the volumes, rates and times when the water may be taken; and (c) may be transferred, amended, suspended or cancelled. 327 Application of pt 11 This part applies to water entitlements not managed under a resource operations licence. 328 Applying for operations licence (1) A person may apply for an operations licence. (2) The application must be-- (a) made to the chief executive in the approved form; and (b) accompanied by the written consent of the relevant entitlement holders; and (c) supported by sufficient information to enable the chief executive to decide the application; and (d) accompanied by the fee prescribed under a regulation. 329 Additional information may be required The chief executive may require-- (a) the applicant to give additional information about the application; or (b) any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration. 330 Criteria for deciding application for operations licence In deciding whether to grant or refuse the application or what should be the conditions of the operations licence, the chief executive-- (a) must consider the application and additional information given in relation to the application; and (b) may consider whether the applicant has been convicted of an offence against this Act, the repealed Act or an interstate law. 331 Deciding application for operations licence (1) If the chief executive is satisfied the application should be granted, or granted in part, the chief executive must grant all or part of the application, with or without conditions. (2) If the chief executive is not satisfied the application should be granted, the chief executive must refuse the application. (3) Within 30 business days after deciding the application, the chief executive must-- (a) give the applicant an information notice about the decision; and (b) give the relevant entitlement holders notice of the decision. (4) If the chief executive grants all or part of the application, with or without conditions, the chief executive must, within 30 business days after granting the application-- (a) give the applicant an operations licence in the approved form; and (b) give the relevant entitlement holders notice that the application was granted and that the holder must not take water under the entitlement. (5) The licence has effect from the day the information notice is given to the applicant. (6) From the day the licence has effect, a holder of an entitlement mentioned in the licence must not take water under the entitlement. 332 Conditions of operations licence (1) The operations licence is subject to the conditions-- (a) prescribed under a regulation; and (b) the chief executive may impose for a particular licence. (2) Without limiting subsection (1), the conditions may require the licensee to do all or any of the following-- (a) install a measuring device to measure the volume of water taken, the rate at which it is taken and the time it is taken; (b) give relevant information reasonably required by the chief executive for the administration or enforcement of this Act. 333 Amending operations licences on application of licensee (1) The licensee may apply to amend an operations licence. (2) The application to amend the licence must be dealt with under sections 328 to 332 as if it were an application for a licence. 334 Giving show cause notice about proposed amendment of operations licence (1) The chief executive may amend an operations licence if the chief executive is satisfied the licence should be amended. (2) Before the chief executive acts under subsection (1), the chief executive must give the licensee a show cause notice about the proposed amendment. (3) In deciding whether to amend the licence, the chief executive must consider any properly made submission about the proposed amendment. (4) If the chief executive is satisfied the proposed amendment should be made, the chief executive must, within 30 business days after the decision, give the licensee an amended licence in the approved form and an information notice. (5) If the chief executive is not satisfied the amendment should be made, the chief executive must give the licensee notice that the licence will not be amended. (6) The amended licence takes effect from the day the information notice is given to the licensee. 335 When chief executive must amend operations licence (1) Subsection (2) applies if-- (a) a water entitlement holder gives the chief executive notice in the approved form that the holder no longer wishes the holder's water to be taken under the operations licence; or (b) a water entitlement holder ceases to be a water entitlement holder. (2) The chief executive must-- (a) amend an operations licence; and (b) give the licensee a copy of the notice received under subsection (1)(a) and an amended licence in the approved form; and (c) advise the entitlement holder of the action taken. (3) The amended licence takes effect from the day stated in the amended licence. (4) Unless the licensee otherwise consents, the day stated in the amended licence must not be earlier than 5 business days after the day the chief executive gives the licensee an amended licence. (5) If subsection (2) applies because of subsection (1)(b), the amendment may, with the consent of the new entitlement holder and the licensee, include the new holder instead of the previous holder. 336 Minor amendment of operations licence (1) The chief executive may amend the operations licence without complying with the provisions of this division about amending a licence if the amendment is only to correct a minor error in the licence, or make another change that is not a change of substance; or (2) If the chief executive amends a licence under subsection (1), the chief executive must give the licensee an amended licence in the approved form. 337 Transferring operations licence (1) The licensee may apply to transfer the operations licence. (2) The application must be-- (a) made to the chief executive in the approved form; and (b) accompanied by the fee prescribed under a regulation. (3) Within 30 business days after receiving the application, the chief executive must give the transferee a new licence on conditions that have the same effect as the licence being transferred, other than for the change of name of the licensee. 338 Surrendering operations licence (1) A licensee may surrender an operations licence by giving the chief executive a notice of surrender. (2) The surrender-- (a) takes effect on the date on which the surrender notice is received by the chief executive; and (b) does not affect in any way a duty under this Act about works imposed on the licensee before the surrender. 339 Cancelling operations licence (1) The chief executive may cancel an operations licence if the chief executive is satisfied the licence should be cancelled. (2) Section 334 applies to the cancellation-- (a) as if a reference in the section to an amendment of the licence were a reference to the cancellation of the licence; and (b) with any other necessary changes. 340 Main purpose of ch 2A and its achievement (1) The main purpose of this chapter is to ensure the delivery of sustainable and secure water supply and demand management for the SEQ region and designated regions. (2) The purpose is achieved primarily by-- (a) making and implementing regional water security programs for the regions; and (b) establishing a commission to-- (i) advise the Minister on-- (A) matters relating to water supply and demand management; and (B) the delivery of desired levels of service objectives for water supplied to the SEQ region and designated regions; and (ii) facilitate and implement the programs; and (iii) ensure compliance with the programs; and (iv) impose restrictions on water supply; and (v) monitor and enforce compliance with the restrictions; and (c) establishing the market for the supply of declared water services and the sale of water supplied by the services, and making rules governing the operation of the market. 341 What is the SEQ region (1) The SEQ region is-- (a) the local government areas of the following local governments-- (b) any local government area, or part of a local government area, adjacent to a local government area mentioned in paragraph (a) and designated by gazette notice. (2) The SEQ region also includes Queensland waters adjacent to any of the local government areas mentioned in subsection (1). 342 Establishment of commission The Queensland Water Commission is established. 343 Commission represents the State (1) The commission represents the State. (2) Without limiting subsection (1), the commission has the status, privileges and immunities of the State. 343A Commission not generally subject to direction (1) Despite section 343, the commission is not subject to direction by an entity of or representing the State. (2) Subsection (1) applies subject to any other contrary provision of this Act or a contrary provision of another Act. 344 Application of other Acts (1) The commission is-- (a) a unit of public administration; and (b) a statutory body under the Financial Accountability Act 2009; and (c) a statutory body under the Statutory Bodies Financial Arrangements Act 1982. (2) The Statutory Bodies Financial Arrangements Act 1982, part 2B, sets out the way in which the commission's powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982. 345 Main functions of commission The commission's main functions are to do the following for the SEQ region and designated regions-- (a) advise the Minister on-- (i) matters relating to water supply and demand management for water; and (ii) the delivery of desired levels of service objectives for water supplied to the SEQ region and designated regions; (b) facilitate and implement regional water security programs; (c) ensure compliance with the programs and with commission water restrictions. 346 Principles for performing functions (1) This section states the principles under which the commission is to perform its functions for the SEQ region or a designated region. (2) The general principle is that water in the region is to be managed on a sustainable and integrated basis to provide secure and reliable supplies of water of acceptable quality for all uses. (3) The specific principles are-- (a) for water sharing--the principle that water is a scarce resource that is to be shared across the region; and (b) for water sources--the principle that water quality should be managed from its source to its end-users in a way that-- (i) ensures the health of catchments, aquifers and their ecosystems; and (ii) delivers water of a quality desired by the end-users at the lowest overall cost; and (c) for water supply operations--the principle that water supply arrangements should maximise efficient and cost-effective service delivery and the efficient use of water as defined under section 10 (3), including, for example, appropriate connectivity between supply sources, and in accordance with desired levels of service objectives for the water; and (d) for cost sharing and pricing, the principles that-- (i) the cost of water sources should be shared among users who benefit from them; and (ii) pricing should be consistent with commitments of the State under intergovernmental agreements to which it is a party; and (e) for planning--the principle that assessments of regional water supply should-- (i) consider environmental, social and economic factors; and (ii) include the application of 'least cost planning' to ensure proper economic comparison of all supply-side and demand-side options; and (f) for commission water restrictions--the principle that they should-- (i) help the achievement of the region's objectives for long-term demand management for water; and (ii) enable the appropriate management of any significant threat to the region having a sustainable and secure water supply; and (g) for flood mitigation and dam safety--the principle that these issues should be considered in the preparation of assessments of regional water supply. (4) Subsection (3)(f) is in addition to, and does not limit, section 360ZD(1). 347 General powers The commission has the powers necessary or convenient to perform its functions or to help to achieve the purposes of this chapter, including, for example, the power to enter into contracts or appoint agents. 348 Membership of commission The commission consists of 1 commissioner. 348A Appointment of commissioner (1) The commissioner is to be appointed by the Governor in Council. (2) The appointment may be full-time or part-time. 349 Eligibility for appointment A person is eligible for appointment as the commissioner only if the person-- (a) has a high level of knowledge and understanding of all or any of the following-- (i) sustainable water supply and demand management for water; (ii) natural resource management; (iii) the water industry; (iv) the interests of customers of water service providers; (v) economics, finance or business; and (b) is not-- (i) under the Corporations Act, a related entity of a body corporate that is a water service provider; or (ii) an employee of a water service provider; or (iii) a member of Parliament; or (iv) a councillor of a local government. 350 Duration of appointment (1) Subject to sections 352 and 353, the commissioner holds office for the term stated in the commissioner's instrument of appointment. (2) The term stated in the instrument of appointment must not be longer than 3 years. (3) However, a person appointed as the commissioner is eligible for reappointment. 351 Terms and conditions of appointment (1) The commissioner is to be paid the remuneration and allowances decided by the Governor in Council. (2) The commissioner holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council. 352 Resignation The commissioner may resign by signed notice given to the Minister. 353 Termination of appointment (1) The Governor in Council may end the commissioner's appointment if the commissioner-- (a) is convicted of an indictable offence, whether in Queensland or elsewhere; or (b) is or becomes an insolvent under administration under the Corporations Act, section 9; or (c) does not, without reasonable excuse, comply with section 354. (2) Also, if the commissioner is appointed as a full-time commissioner, the Governor in Council may end the commissioner's appointment if the commissioner- - (a) is absent from duty or from the State, without the Minister's leave and without reasonable excuse, for 14 consecutive days or 28 days in a year; or (b) engages in paid employment outside the duties of office without the Minister's approval. (3) In this section-- convicted, of an indictable offence, means a conviction for an indictable offence other than a spent conviction, including a finding of guilt or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded. spent conviction means a conviction-- (a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and (b) that is not revived as prescribed by section 11 of that Act. 354 Conflicts of interest (1) This section applies if-- (a) the commissioner has a direct or indirect pecuniary interest in a matter the subject of a function of the commissioner; and (b) the commissioner is performing or is proposing to perform the function; and (c) the interest could conflict with the proper performance of the function. (2) The commissioner-- (a) must, as soon as practicable, disclose the interest to the Minister; and (b) must not perform or continue to perform the function. (3) In this section-- function includes power. 355 Acting commissioner (1) This section applies if-- (a) the commissioner has not been appointed; or (b) the office of the commissioner is vacant; or (c) the appointed commissioner (the usual commissioner) is absent or is unable to perform the functions or a particular function of the commissioner because of illness or another reason. Example of another reason-- performance of the function by the commissioner is prohibited under section 354(2)(b) (2) The Minister may, by signed notice, appoint a person to act in the office of the commissioner to perform-- (a) generally--all of its functions; or (b) for an inability to perform a particular function--that function. (3) The appointment is under this Act and not the Public Service Act 2008. (4) For the circumstances mentioned in subsection (1)(a) or (b), the appointment ends when, if the Governor in Council appoints someone else as the commissioner, the term of that appointment starts. (5) Also, for the circumstances mentioned in subsection (1)(c) the appointment ends if the Minister gives the appointee notice that the usual commissioner has resumed the functions the subject of the appointment. (6) The Acts Interpretation Act 1954, section 24B(7D) to (15) applies to the appointee as if the appointee had been appointed under that section. (7) This section does not limit or otherwise affect the Acts Interpretation Act 1954, section 24B. (8) In this section-- function includes power. 356 Records required The commissioner must keep a record of the commission's decisions. 360B Commission's staff (1) The commission may employ the staff it considers appropriate to perform its functions. (2) The commission's staff are to be employed under the Public Service Act 2008. (3) The commissioner may arrange with the chief executive of a department, or with another unit of public administration, for the services of officers or employees of the department or other unit to be made available to the commission. 360C Advisory bodies The commission may establish advisory bodies it considers appropriate to give the commission advice on the performance of its functions. 360D Standing references (1) The Minister may, by gazette notice-- (a) designate regions for which the commission is to perform its functions; and (b) if the commission has already given regional water security options for the SEQ region or a designated region--require the commission to update or revise the options, having regard to the implementation of the relevant regional water security program. (2) The Minister may, in the gazette notice, also identify the period within which the commission must give regional water security options, or updated or revised options, for the region. (3) In deciding what are regions for subsection (1), the Minister must have regard to the geography, society and economy of proposed regions and water users and potential waters users within them. (4) Before designating a region under subsection (1)(a), the Minister must consult with each local government whose area is wholly or partly in the region. (5) The Minister may carry out the consultation in any way the Minister considers appropriate. 360E Other references The Minister may give the commission written directions to advise the Minister on any matter relating to-- (a) water supply and demand management in the SEQ region or a designated region; or (b) water supply and demand management generally. 360F Annual levy (1) The commission and the performance of the commission's functions are to be funded by an annual levy payable by each water service provider. (2) The levy is to be in the amount and paid at the time and in the way prescribed under a regulation. (3) If a water service provider does not pay the levy as required under a regulation made under subsection (2), the State may recover from the provider the amount of the levy as a debt. 360G Purpose of pt 3 The purpose of this part is to provide for the commission's planning functions and its relationship with the Minister in assessing and recommending options to achieve water security in the SEQ region and designated regions. 360H Application of div 2 (1) This division applies to the commission for the SEQ region and designated regions. (2) This division also applies to the commission if the Minister has, under section 360D(1)(b), required it to update or revise its options for the SEQ region or a designated region. (3) In this division a reference to the options includes a reference to the updated or revised options. 360I Advice to Minister on options (1) The commission must-- (a) make and give the Minister advice about its regional water security options for the region; or (b) if the Minister asks--make and give advice about revised options for the region. (2) The advice must be given within any period required under section 360D(2). 360J Content of options (1) The options must address each of the following issues and may include alternatives for addressing the issues-- (a) the desired levels of service objectives for the region or part of the region; (b) water supply works or sewerage for achieving the desired levels of service objectives, whether or not the water supply works or sewerage are in the region; (c) demand management for water in the region; (d) the extent to which implementation of the levels would involve modifying existing water supply works or sewerage or building new water supply works or sewerage; (e) assessing the likely costs and pricing implications of addressing the issues mentioned in paragraphs (c) and (d); (f) the preferred ways of sharing the cost, taking into account the extent to which end-users of water benefit from the demand management, and the modifications or building. (2) Subsection (1) does not limit what may be included in the options. 360K Consultation The commission may, before giving the Minister the options, engage in any consultation the commission considers appropriate. 360M Ministerial response to commission's advice (1) Within 4 months after receiving, under division 2, advice by the commission for the SEQ region or a designated region, the Minister must make and publish-- (a) a report outlining the Minister's response to the commission's advice; and (b) a regional water security program to achieve water security for the region. (2) The program must make provision about the matters mentioned in section 360J (1). 360N Effect of program for Integrated Planning Act 1997 (1) This section applies if there is a regional water security program for the SEQ region or a designated region. (2) For the Integrated Planning Act 1997, the program is taken to be an applicable code for development relating to water supply works or sewerage mentioned in the program. (3) For the Integrated Planning Act 1997, section 3.1.3(4), the program is a code that can not be changed under a local planning instrument or local law. (4) Subsections (4A) and (4B) apply for the Integrated Planning Act 1997 if there is any inconsistency between the program and a plan, policy or code under an Act. (4A) If the plan is the SEQ regional plan under that Act, the plan prevails to the extent of the inconsistency. (4B) Otherwise, the program prevails to the extent of the inconsistency. (5) It is taken to be a condition (the imposed condition) of any development approval for water supply works or sewerage mentioned in the program that the carrying out of development under the approval must comply with the program. (6) If there is any inconsistency between the imposed condition and any other condition of the development approval, the imposed condition prevails to the extent of the inconsistency. 360O Application of pt 4 This part applies to water supply works or sewerage, or proposed water supply works or sewerage, the subject of the regional water security program for the SEQ region or a designated region. 360P Status of works for State Development and Public Works Organisation Act 1971 For the State Development and Public Works Organisation Act 1971, part 6, divisions 6 and 7, the works or sewerage are taken to be an infrastructure facility mentioned in section 125(1)(f) of that Act. 360Q Designation of preferred entity for works or sewerage (1) The Coordinator-General under the State Development and Public Works Organisation Act 1971 may, by gazette notice, designate an entity as the preferred entity to build or carry out the works or sewerage. (2) However, the designation may be made only if the entity has agreed to the designation. (3) From the making of the designation-- (a) the preferred entity is taken to be a water service provider or sewerage service provider for the works; and (b) the works or sewerage are taken to be works under the State Development and Public Works Organisation Act 1971. 360R Commission's role Without limiting section 345, the commission must ensure the key actions and responsibilities of each of the following under each regional water security program and system operating plan are carried out or complied with-- (a) the department; (b) other units of public administration; (c) water service providers. 360S Review and compliance reports The commission must whenever it considers it appropriate-- (a) review the implementation of each regional water security program; and (b) give the Minister a report about the implementation of and the level of compliance with the system operating plan for the program; and (c) publish the report. 360T Information may be required from water service providers (1) The commission may give a water service provider a notice requiring information the commission reasonably requires to enable the commission to perform its functions under this chapter, including its function of collecting, collating, analysing and reporting on water information for the SEQ region or a designated region. (2) The notice must state the reasonable time in which the information must be given to the commission. (3) The water service provider must comply with the notice, unless the provider has a reasonable excuse. Maximum penalty--200 penalty units. (4) However, if the water service provider is an individual, this section does not require the individual to give information if giving the information might tend to incriminate the individual. 360U Application of sdiv 1 This subdivision applies if there is a regional water security program for the SEQ region or a designated region. 360V Commission to make system operating plan for region The commission must make a system operating plan to facilitate the achievement of the desired levels of service objectives for the region. 360W Content of plan (1) The system operating plan must state each of the following-- (a) the plan area for the plan; (b) the entities to which the plan applies; (c) the water supply works and sewerage for the plan area, whether or not the water supply works or sewerage are in the plan area; (d) if the system operating plan is for the SEQ region--the maximum volume of water the water grid manager may enter into contracts to sell; (e) if the system operating plan is for a designated region--the share of water available under the plan to each of the water service providers for the water supply works; (f) the desired levels of service objectives for the region; (g) other obligations imposed on the entities under the plan. (2) However, the plan must be consistent with any water resource plan applying to the plan area for the system operating plan. (3) Subsection (1) does not limit what may be included in the system operating plan. 360X Consultation for plan (1) Before making the system operating plan the commission must make reasonable endeavours to consult with each entity to which it is proposed the plan will apply. (2) A failure to comply with subsection (1) does not invalidate or otherwise affect the plan. 360Y Publication and taking effect of plan (1) As soon as practicable after making the system operating plan the commission must publish the plan and give a copy to each entity to which the plan applies. (2) The plan does not have effect until it is published. (3) Despite subsection (1), the commission may decide not to publish or allow inspection of any part of the plan that the commission is reasonably satisfied contains sensitive security information. 360Z Amendment of plan (1) The commission must amend a system operating plan if-- (a) a water resource plan that applies to the plan area for the system operating plan is made or amended, and there is an inconsistency between the system operating plan and the water resource plan as made or amended; or (b) water supply works for the plan area not the subject of the existing system operating plan are commissioned. (2) For subsection (1)(b), works are commissioned when, under the relevant contract to build the works, they reach a stage under which the building of the works is, in a practical sense, complete. (3) If subsection (1)(a) applies, the system operating plan must be amended so that it is consistent with the water resource plan. (4) If subsection (1)(b), the system operating plan must be amended so that the plan complies with section 360W in relation to the works. (5) The commission may amend the plan to provide for proposed water supply works for the plan area for the plan. (6) Subdivision 1 applies, with necessary changes, for an amendment under this section as if a reference in the sections to the plan were a reference to the amendment. 360ZA Particular entities must comply with system operating plan Each entity to which a system operating plan applies must ensure the plan is complied with to the extent it applies to the entity. Maximum penalty--1665 penalty units. 360ZB Publication requirements (1) This section applies to an entity to which a system operating plan applies. (2) The commission may, by notice (the commission's notice), require the entity to publish a notice (the entity's notice) about the extent to which the entity has, during a stated period, complied with the plan in relation to-- (a) all matters under the plan; or (b) if the commission's notice states a particular matter under the plan--that matter. (3) The commission's notice must state a reasonable period for the entity to publish the entity's notice. (4) The entity must comply with the requirement. Maximum penalty--1665 penalty units. (5) In this section-- publish means publish in a newspaper circulating generally in the plan area. 360ZC Derivative use immunity for compliance with publication requirement (1) It is not a defence to a proceeding for an offence against section 360ZB that complying with the requirement might tend to incriminate the entity. (2) However, if the entity is an individual, evidence of, or directly or indirectly derived from, complying with the requirement or information it contains that might tend to incriminate the individual is not admissible in evidence against the individual in a civil or criminal proceeding, other than for an offence for which the falsity or misleading nature of the information is relevant. 360ZCAA Spot audit by commission (1) This section applies if the commission is satisfied or reasonably believes a water service provider to whom a system operating plan applies has not complied with the plan to the extent it applies to the provider. (2) The commission may, after giving the water service provider a show cause notice, arrange for a spot audit report to be prepared about the provider's level of compliance with the plan. (3) The spot audit report must be prepared by a person who is appropriately qualified to carry out the audit. (4) The commission must give the water service provider a copy of the report within 30 business days after the commission has received it. (5) In this section-- water service provider includes a person who operates water supply works to which a system operating plan applies. 360ZCAB Requirement to comply with plan and provision for cost of report (1) This section applies if a spot audit report under section 360ZCAA states a water service provider the subject of the report has not complied with the plan to the extent it applies to the provider. (2) The commission must give the water service provider an information notice requiring the provider, within the reasonable period stated in the notice, to remedy the noncompliance. (3) The water service provider must comply with the requirement unless the provider has a reasonable excuse. Maximum penalty for subsection (3)--500 penalty units. (4) The commission may recover from the service provider as a debt an amount equal to the cost of preparing the report. 360ZCAC Access for conducting audit reports (1) For conducting an audit under this subdivision, a service provider must give the auditor, and any person employed or authorised by the auditor to participate in conducting the audit, free and uninterrupted access to the service provider's infrastructure and any records relating to the infrastructure. Maximum penalty--200 penalty units. (2) However, the auditor and any person employed or authorised by the auditor to participate in the conduct of the audit must not enter the premises of a customer of the service provider unless the customer agrees to the entry. (3) In this section-- auditor means the person who, under this section, has prepared, or is to prepare, an audit report for the audit. 360ZCA Purpose and application of division (1) The purpose of this division is to promote the efficient use of water by non-residential customers. (2) This division only applies for a non-residential customer-- (a) in the SEQ region or a designated region (the region); and (b) who does not hold a water entitlement. (3) However, if this division would not apply to a non-residential customer because of subsection (2), but the customer takes water from a water service provider in the region under another arrangement, the division applies for the other arrangement. (4) Also-- (a) if a customer to whom this division applies is also a customer to whom chapter 3, part 2, division 7 applies the customer is taken to be a customer for this division only; and (b) if a customer to whom this division applies is a customer of more than 1 water service provider in the region, the water service provider who provides the customer with the most water is the water service provider for the customer for this division. 360ZCB When water efficiency management plan may be required (1) The commission may, by written direction, require a water service provider to give a customer, or type of customer, a written notice-- (a) to prepare a plan (a water efficiency management plan); and (b) to give it to the water service provider within the reasonable time stated by the commission. (2) The water service provider must comply with the direction. Maximum penalty--500 penalty units. (3) A water service provider may, without direction, give a customer, or type of customer, a written notice approved by the commission-- (a) to prepare a plan (also a water efficiency management plan); and (b) to give it to the water service provider within the reasonable time stated by the water service provider. (4) The customer must comply with a notice given by a water service provider under subsection (1) or (3). Maximum penalty--500 penalty units. (5) A plan prepared as a water efficiency management plan under a requirement of a commission water restriction or a service provider water restriction is also a water efficiency management plan for this section. (6) This division applies to the preparation and approval of a plan mentioned in subsection (1), (3) or (5). 360ZCC Content of water efficiency management plan A water efficiency management plan must comply with any relevant guidelines made by the commission and must state the following-- (a) the name of the customer and the location where the plan applies; (b) an outline the customer's current water use at the location and the source of the water used; (c) the water savings and efficiencies that will be achieved by implementing the plan; (d) the time frames for implementing the plan. 360ZCD Approving water efficiency management plan (1) For deciding whether or not to approve a water efficiency management plan, the water service provider may require the customer to give additional information about the plan within the reasonable time stated by the water service provider. (2) The water service provider must approve, with or without conditions, or refuse to approve the plan-- (a) if additional information is not required--within 60 business days after receiving the plan; or (b) if additional information is required--within 60 business days of when the information is received or should have been given, whichever is earlier. (3) Within 10 business days after making a decision under subsection (2), the water service provider must give the customer an information notice. (4) If the water service provider does not approve the plan, the customer must- - (a) amend the plan to address the reasons for the decision; and (b) within 20 business days of receiving a notice under subsection (3) or the extended period under subsection (5), give the water service provider the revised plan. Maximum penalty--200 penalty units. (5) The water service provider may extend the period of 20 business days mentioned in subsection (4). (6) This division applies for a revised plan, with any necessary changes to give effect to the division. (7) Chapter 6 applies for the information notice-- (a) as if it were a notice given by a local government; and (b) as if a reference in relation to a local government were a reference to the water service provider; and (c) with any necessary changes to give effect to paragraphs (a) and (b). (8) The water service provider may recover from the customer, as a debt due to it by the customer, an application fee for the approval of the customer's water efficiency management plan that is not more than the cost to the water service provider of approving the plan. 360ZCE Complying with water efficiency management plan A customer must comply with the customer's approved water efficiency management plan. Maximum penalty--1665 penalty units 360ZCF Reporting under water efficiency management plan (1) A customer to whom an approved water efficiency management plan applies, must give the water service provider a written report each year advising-- (a) the extent to which the plan has been implemented; and (b) the water savings and efficiencies achieved by implementing the plan; and (c) any change of circumstances in relation to the matters mentioned in section 360ZCH(1)(a). Maximum penalty--100 penalty units. (2) The report must be given within 10 business days after the anniversary day for the plan. (3) The commission may at any time ask a water service provider to give the commission-- (a) a copy of an approved water efficiency management plan; or (b) information about a plan that has not yet been approved; or (c) a report summarising progress by the water service provider's customers in achieving water savings and efficiencies. (4) The water service provider must comply with the request within 20 business days. Maximum penalty for subsection (4)--100 penalty units. 360ZCG Amending or replacing water efficiency management plan by commission direction (1) This section applies if the commission is satisfied that there is or there is likely to be-- (a) a severe water supply shortage; or (b) an increase in the severity of a water supply shortage. (2) The commission may, by written direction, require a water service provider to give a customer, or type of customer, a written notice requiring the customer to-- (a) amend an approved water efficiency management plan and give it to the water service provider within the reasonable time stated by the commission; or (b) prepare a new water efficiency management plan and give it to the water service provider within the reasonable time stated by the commission. (3) The water service provider must comply with the direction. Maximum penalty--500 penalty units. (4) The customer must comply with a notice given under subsection (2). Maximum penalty--500 penalty units. (5) This division, other than section 360ZCB, applies for preparing the amended or new plan, with any necessary changes to give effect to the division. 360ZCH Amending or replacing water efficiency management plan by water service provider direction (1) This section applies if a water service provider is satisfied that-- (a) for a customer, or a type of customer, production output or water consumption has increased significantly; or (b) the cost effectiveness of implementing an approved water efficiency management plan is likely to have changed significantly; or (c) there is or there is likely to be a severe water supply shortage. (2) The water service provider must give the customer a written notice requiring the customer to-- (a) amend the plan and give it to the water service provider within the reasonable time stated by the water service provider; or (b) prepare a new water efficiency management plan and give it to the water service provider within the reasonable time stated by the water service provider. (3) The customer must comply with the notice. Maximum penalty--500 penalty units. (4) This division, other than section 360ZCB, applies for preparing the amended or new plan, with any necessary changes to give effect to the division. 360ZCI Amending or replacing water efficiency management plan by request (1) A customer may request an amendment of an approved water efficiency management plan or that a new water efficiency management plan be prepared. (2) If the water service provider approves the request the customer must-- (a) amend the plan and give it to the water service provider within the reasonable time stated by the water service provider; or (b) prepare a new water efficiency management plan and give it to the water service provider within the reasonable time stated by the water service provider. (3) This division, other than section 360ZCB, applies for preparing the amended or new plan, with any necessary changes to give effect to the division. 360ZCJ Notice to comply with water efficiency management plan (1) This section applies if a water service provider is satisfied or reasonably believes a customer to whom an approved water efficiency management plan applies has not complied with the plan. (2) The water service provider may give the customer a notice, requiring the customer to comply with the plan within the reasonable time stated in the notice. 360ZCK Reviewing water efficiency management plans (1) A water service provider must ensure a customer to whom an approved water efficiency management plan applies reviews the plan when the water service provider considers it appropriate. (2) The customer must give the water service provider a copy of the review report within the reasonable time stated by the water service provider. (3) A review must occur at least every 5 years. 360ZCL What is the market The market is the wholesale exchange for-- (a) the supply of declared water services to the water grid manager; and (b) the sale by the water grid manager of water supplied by the declared water services. 360ZCM Operation of market The operation of the market is facilitated under this part by-- (a) providing a process for the declaration of water services that are necessary for ensuring water security for the SEQ region; and (b) establishing a framework for entities to participate in the market, including operational and commercial restraints on the participants and the rules governing the operation of the market; and (c) providing for the transfer to the water grid manager of particular authorities to take water. 360ZCN Requests about water service declarations (1) An entity may ask the commission to recommend that a water service, or part of a water service, supplied by or proposed to be supplied by water supply works, whether or not the water supply works are in or are proposed to be in the SEQ region, be declared by the Minister. (2) The entity must be-- (a) a water service provider supplying the water service; or (b) an entity proposing to construct, or in the process of constructing, the water supply works. (3) A request must-- (a) be in the form approved by the commission; and (b) state the following-- (i) the water service, or the part of a water service, proposed for declaration; (ii) the water supply works for supplying the water service or part of the water service; (iii) the reasons the water service, or part of the water service, should be declared. (4) At any time before the commission makes a recommendation about a request, the applicant may-- (a) withdraw the request; or (b) with the written agreement of the commission--amend the request. (5) The commission may require the applicant to give the commission additional information about the proposed declaration. 360ZCO Making recommendation (1) After receiving a request, the commission must recommend to the Minister that-- (a) the water service or part the subject of the request be declared; or (b) part of the water service or part the subject of the request be declared; or (c) no declaration be made. (2) The commission may, before making the recommendation, engage in any consultation the commission considers appropriate. (3) The commission must make the recommendation within a reasonable time after receiving the request. (4) The commission must give a copy of the request to the Minister with the recommendation. 360ZCP Recommendation without request The commission may, on its own initiative, recommend to the Minister that a water service, or part of a water service, supplied by or proposed to be supplied by water supply works, whether or not the water supply works are in or are proposed to be in the SEQ region, be declared by the Minister. 360ZCQ Factors affecting making of recommendation (1) The commission must not recommend that a water service, or part of a water service, be declared by the Minister unless the commission is satisfied-- (a) the water service, or the part of the water service, is necessary to ensure regional water supply security for the SEQ region; or (b) the water service, or the part of the water service, is necessary for efficiently supplying an existing declared water service; or (c) the water supply works for supplying the water service, or the part of the water service, are necessary for the efficient and effective operation of water supply works for supplying an existing declared water service. (2) The commission may make a recommendation that a water service, or part of a water service, be declared by the Minister, whether or not the water supply works for supplying the water service or part of the water service are in the SEQ region. 360ZCR Making water service declaration (1) On receiving a recommendation under section 360ZCO or 360ZCP, the Minister must do 1 of the following-- (a) declare the water service or part the subject of the recommendation; (b) declare part of the water service or part the subject of the recommendation; (c) decide not to declare the water service or part. (2) Before making a declaration, the Minister may require the commission to give the Minister additional information about the proposed declaration. 360ZCS Factors affecting making of water service declaration (1) The Minister must not declare a water service, or a part of a water service, unless the Minister is satisfied-- (a) the water service, or the part of the water service, is necessary to ensure regional water supply security for the SEQ region; or (b) the water service, or the part of the water service, is necessary for efficiently supplying an existing declared water service; or (c) the water supply works for supplying the water service, or the part of the water service, are necessary for the efficient and effective operation of water supply works for supplying an existing declared water service. (2) The Minister may declare a water service, or a part of a water service, whether or not the water supply works for supplying the water service or the part of the water service are in the SEQ region. 360ZCT Content of water service declaration A water service declaration must state-- (a) the water service, or the part of the water service, being declared; and (b) the water supply works for supplying the water service or the part of the water service; and (c) the water service provider for the water service or part of the water service. 360ZCU When water service declaration takes effect A water service declaration has effect on the day it is published in the gazette or the later day stated in it. 360ZCV Register of water service declarations (1) The commission must keep a register of water service declarations (the declarations register). (2) The declarations register must include the following, for each water service declaration-- (a) the water service, or the part of a water service, declared; (b) the water supply works for supplying the service; (c) the water service provider supplying the service; (d) any other details the commission considers appropriate. (3) The commission may keep the declarations register in the form, including electronic form, the commission considers appropriate. 360ZCW Declarations register to be available for public inspection (1) The commission must keep the declarations register, or a copy of the declarations register, available for inspection, free of charge, by members of the public at-- (a) the commission's head office; and Editor's note-- The address for the commission's head office is level 2, Executive Annexe, 100 George Street, Brisbane. (b) other places the commission considers appropriate. (2) The commission may publish a copy of the declarations register on the commission's website on the internet. Editor's note-- The commission's website on the internet is qwc.qld.gov.au>. 360ZCX Market rules (1) The Minister may make rules about the operation of the market (the market rules). (2) The market rules are a statutory instrument under the Statutory Instruments Act 1992, but are not subordinate legislation. 360ZCY Content of market rules The market rules-- (a) must include the following-- (i) the principles for establishing the market; (ii) a process for entities to register to participate in the market as registered grid participants in particular categories provided for under the rules; (iii) the rights and obligations of registered grid participants under the rules; (iv) provisions about any fees payable, including any charges for recovering costs in relation to the development and administration of the market, for registration by entities as registered grid participants and for their ongoing participation in the market; (v) regulating activities related to the market; Example-- metering (vi) the principles for deciding the prices payable for water sold by the water grid manager; (vii) the principles for deciding the prices for the provision of a declared water service by a grid service provider; (viii) procedures for resolving disputes under or in relation to the market rules; (ix) requirements for monitoring and reporting; (x) provision for an entity (the rules administrator) to administer the rules; (xi) the process for amending the rules; and (b) may include any other matter the Minister considers appropriate to facilitate the operation of the market. 360ZCZ When market rules take effect (1) The Minister must notify the making of the market rules. (2) The notice made under subsection (1) is subordinate legislation. (3) The market rules take effect-- (a) on the day the Minister's notice is notified in the gazette; or (b) if a later day is stated in the Minister's notice or the market rules--on that day. 360ZDA Tabling of market rules (1) Within 14 days after the market rules or an amendment of the market rules takes effect, the Minister must table a copy of the market rules or the amendment in the Legislative Assembly. (2) The copy is tabled for information only. (3) A failure to table a copy does not affect the market rules' ongoing effect. 360ZDB Public notification of market rules The Minister must publish the market rules, as in force from time to time, on the commission's website on the internet. Editor's note-- The commission's website on the internet is qwc.qld.gov.au>. 360ZDC Review of market rules The Minister must, as soon as practicable after the second anniversary of the market rules taking effect-- (a) conduct a review into the operation and effectiveness of the rules; and (b) table a report about the outcome of the review in the Legislative Assembly. 360ZDD Grid contract document (1) The Minister may, before 1 July 2011, make a document (a grid contract document), in the form of a contract, providing for-- (a) the supply, by a grid service provider named in the document, of a declared water service, stated in the document, to the water grid manager; or (b) the supply, by the water grid manager, of water supplied by a declared water service, stated in the document, to a grid customer named in the document. (2) A grid contract document has effect as a contract between the grid service provider, or grid customer, named as a party in the document and the water grid manager. (3) To remove any doubt, it is declared that the grid service provider, or grid customer, named as a party in a grid contract document and the water grid manager are not required to execute the document as parties to the contract. (4) The terms of a grid contract document may be changed by the Minister. (5) If the Minister changes the terms of a grid contract document, the document continues to have effect as a contract, but in accordance with the change. (6) If a contract entered into between a grid service provider, or grid customer, and the water grid manager is inconsistent with a grid contract document applying to them, the terms of the grid contract document prevail. 360ZDE Effect of grid contract document (1) A grid service provider must supply its declared water service only to the water grid manager and only in accordance with a grid contract document applying to the grid service provider. (2) A grid customer must be supplied with water from a declared water service only from the water grid manager and only in accordance with a grid contract document applying to the grid customer. 360ZDF Registration process provided in market rules (1) This section applies if an entity wants to participate in the market. Notes-- 1 Under section 1162, particular entities are grid customers for the market. 2 Under schedule 4, definition grid service provider, particular entities in relation to declared water services are grid service providers for the market. 3 Under schedule 4, definition distribution service provider, particular entities in relation to declared water services are distribution service providers for the market. (2) The entity must, in the way provided under the market rules, apply for registration as a registered grid participant in the category under the market rules that is applicable to the entity's proposed participation in the market. 360ZDG Relationship between water grid manager and registered grid participants (1) The only entity that may supply a declared water service to the water grid manager is a grid service provider. (2) Unless the market rules otherwise provide in particular circumstances stated in the market rules, the only entity that may be supplied by the water grid manager with water supplied by a declared water service is a grid customer. 360ZDH Transfer of registration (1) This section applies if the owner (the transferor) of water supply works for supplying a declared water service transfers the ownership of the works to another entity (a transferee). (2) The transferor must give the rules administrator notice of the transfer. (3) On the transfer-- (a) the transferor stops being a grid service provider in relation to the declared water service; and (b) the transferee becomes the grid service provider in relation to the declared water service. 360ZDI Limited liability of grid participants (1) A grid participant is not civilly liable to another grid participant (a relevant entity) for any consequential loss suffered by the relevant entity arising out of, or in relation to, an act or omission, including a negligent act or omission, of the grid participant in the performance of, or in a failure to perform, its functions under this Act or its obligations-- (a) other than to the extent that the consequential loss was caused, or contributed to, by the wilful default of the grid participant; or (b) if the grid participant recovers compensation from an entity in relation to the consequential loss suffered by the relevant entity-- other than to the extent of the net compensation amount. (2) To remove any doubt, it is declared that-- (a) nothing in this section is taken-- (i) to create a cause of action against a grid participant; or (ii) to limit the liability of the grid participant to an entity for a claim for personal injury suffered by the entity; and (b) to the extent that an act or omission of a grid participant is inconsistent with a contract, in force immediately before the commencement of this section, to which the grid participant and a relevant entity are parties, the grid participant's liability to the relevant entity is limited by subsection (1). (3) A grid participant may, in a contract, expressly vary or exclude the operation of subsection (1) in relation to the liability of the participant to another party to the contract. (4) Subsection (1) does not apply to a grid participant to the extent that a contract mentioned in subsection (3) expressly varies or excludes its operation in relation to the other party to the contract. (5) In this section-- consequential loss includes the following-- (a) any loss of anticipated or actual revenue or profits; (b) loss of use of equipment; (c) business interruption or a failure to realise anticipated savings; (d) loss of data; (e) downtime costs or wasted overheads; (f) loss of goodwill or business opportunity; (g) punitive or exemplary damages; (h) any special or indirect loss or damage of any nature whatsoever. function includes power. grid participant means the following-- (a) a registered grid participant; (b) the water grid manager. net compensation amount, for compensation recovered by a grid participant, means the compensation less an amount that represents any loss suffered by the grid participant in relation to the consequential loss and any costs incurred in recovering the compensation. obligations, of a grid participant, means the grid participant's obligations under the following-- (a) the market rules or operating protocols; (b) any grid contract document in which the grid participant is named as a party; (c) any instruments made, or instruction given, under the market rules or operating protocols. operating protocols means the operating protocols made under the market rules. perform includes purport to perform. wilful default, by a grid participant, includes-- (a) any fraudulent conduct, including concealment; and (b) any criminal conduct; and (c) any intentional or reckless breach of, or failure to remedy a breach of, the grid participant's obligations. 360ZDJ Compliance with market rules (1) A relevant entity must not contravene the market rules. Maximum penalty--1665 penalty units. (2) In this section-- relevant entity means-- (a) a registered grid participant; or (b) the water grid manager. 360ZDK Definitions for div 4 In this division-- chief executive means the chief executive of the department in which chapter 2, part 6 is administered. limited authority see section 360ZDL(4). receiving entity see section 360ZDN(1)(h). relevant authority see section 360ZDL(3). scheme see section 360ZDM. transfer notice see section 360ZDN(1). transferring entity see section 360ZDM(2)(b). 360ZDL Application of div 4 (1) This division applies to the following authorities to take or interfere with water in the SEQ region-- (a) an authority continued in force under section 1037 or 1037A, other than under section 1037A(4); Editor's note-- sections 1037 (Local government authorities) and 1037A (Other continuing authorities) (b) a licence or permit taken to be in force under section 1048A if the water may be taken for town water supply or urban purposes; Editor's note-- section 1048A (Existing licences, permits and approvals) (c) a water licence to take water if the purpose stated on the licence is 'town water supply' or 'urban'; (d) a water permit if the purpose stated on the permit is 'town water supply' or 'urban'; (e) an interim water allocation if the purpose stated on the allocation is 'urban' or 'any'; (f) an interim water allocation to take water in the Warrill Valley water supply scheme under authority number 103187. (2) This division also applies to an interim water allocation to take water in the Mary Valley water supply scheme under authority number 103163. (3) If an authority to which this division applies is an authority to take and interfere with water in the SEQ region, the authority is a relevant authority. (4) If an authority to which this division applies is an authority that allows only taking of water, the authority is a limited authority. 360ZDM The transfer scheme (1) This division facilitates the operation of the market by providing for a scheme to transfer to the water grid manager particular authorities to take water (the scheme). (2) Under the scheme-- (a) a relevant authority may, under this division, be replaced by-- (i) 1 or more authorities to take water; and (ii) an authority to interfere with water; and (b) generally, an authority to take water mentioned in paragraph (a) (i), or a limited authority, is transferred from the holder of the relevant authority or limited authority (each a transferring entity) to the water grid manager; and (c) the authority to interfere with water mentioned in paragraph (a) (ii) continues to be held by the holder of the relevant authority. 360ZDN Transfer notice (1) For the purpose of the scheme, the Minister may, by gazette notice (a transfer notice), do any of the following-- (a) replace a relevant authority with 1 or more authorities to take water and an authority to interfere with water; (b) transfer an authority to take water mentioned in paragraph (a) from a transferring entity to the water grid manager; (c) transfer another authority to take water mentioned in paragraph (a) from a transferring entity to the bulk water supply authority; (d) transfer a limited authority from a transferring entity to the water grid manager; (e) replace a limited authority with 2 or more authorities to take water and-- (i) transfer 1 authority from a transferring entity to the water grid manager; and (ii) transfer the remaining authorities from a transferring entity to the bulk water supply authority; (f) impose requirements on any of the authorities replaced or transferred under this section, including requirements about-- (i) the volume of water that may be taken under the authority by the water grid manager; and (ii) the volume of water that may be taken under the authority by the bulk water supply authority; and (iii) the purpose for which the water taken under the authority by the bulk water supply authority may be used; (g) make provision for a transferring entity that is the holder of a relevant authority, replaced by 1 or more authorities to take water and an authority to interfere with water, to continue to hold the authority to interfere with water; (h) make provision about the application of instruments to a transferring entity or, under this division, an entity that will hold an authority to take water, or an authority to interfere with water, (a receiving entity) including-- (i) whether the transferring entity or receiving entity is a party to an instrument; and (ii) whether an instrument is taken to have been made by the transferring entity or receiving entity, or given to, by or in favour of the transferring entity or receiving entity; and (iii) whether a reference to another entity in an instrument is a reference to the transferring entity or receiving entity; and (iv) whether, under an instrument, an amount is or may become payable to or by the transferring entity or receiving entity, or other property is, or may be, transferred to or by the transferring entity or receiving entity; (v) make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for effectively carrying out the scheme. (2) Subsection (3) applies if a relevant authority or a limited authority is, under a transfer notice, replaced with 1 or more other authorities to take or interfere with water (each a new authority). (3) The Minister must be satisfied the conditions under which water may be taken or interfered with under the new authorities are at least as restrictive as the cumulative effect of the conditions on the relevant authority or limited authority. (4) Without limiting subsection (3), the conditions under which water may be taken or interfered with under the new authorities must not-- (a) increase the total amount of water that may be taken; or (b) increase the rate at which water may be taken; or (c) change the flow conditions under which water may be taken; or (d) increase the interference with the flow of water. (5) A transfer notice has effect despite any other law or instrument. (6) A transfer notice has effect on the day it is published in the gazette or a later day stated in it. (7) In this section-- instrument includes an agreement for an entity to supply water to another entity. 360ZDO Process after transfer notice (1) This section applies if an authority is transferred from a transferring entity to a receiving entity under a transfer notice. (2) The chief executive may take the action that is necessary or convenient for the transfer of the authority under the transfer notice, including-- (a) updating a register or other record; and (b) amending, cancelling or issuing another authority. (3) The chief executive may take action under subsection (2) although this Act does not provide for the taking of the action or provides for taking the action in a different way. Example-- An authority is transferred from a transferring entity to a receiving entity under a transfer notice. Acting under subsection (3), the chief executive grants to the receiving entity a water licence to replace the authority, despite the provisions of chapter 2, part 6, division 2 applying to the granting of a water licence. 360ZDP Continuing authorities (1) This section applies to an authority to take or interfere with water that a receiving entity holds, or a transferring entity continues to hold, under a transfer notice. (2) The authority continues under this Act until whichever of the following first happens-- (a) the chief executive grants a water licence to replace the authority; (b) the authority is replaced with a water entitlement, interim resource operations licence, resource operations licence or distribution operations licence. (3) The chief executive may grant the receiving entity or transferring entity a water licence to replace the authority to take or interfere with water without the need for an application to be made under section 206. (4) Within 30 business days after the chief executive grants the water licence, the chief executive must give the receiving entity or transferring entity the licence and an information notice about the granting of the licence. (5) The water licence has effect from the day the licence is given to the receiving entity or transferring entity. 360ZDQ References in supply agreements to particular transferring entities (1) This section applies if an authority mentioned in a transfer notice is transferred from a transferring entity to a receiving entity. (2) A reference in an existing supply agreement to the transferring entity is, if the context permits, taken to be a reference to the receiving entity. (3) On and from the day the transfer notice takes effect, the existing supply agreement gives rise to the same rights and liabilities as would have arisen if the authority had not been transferred. (4) In this section-- existing supply agreement means an agreement for the supply of water, in force on the day the transfer notice takes effect, between the transferring entity and another entity. 360ZD Restricting water supply (1) If the commission considers it necessary, it may impose a written restriction (a commission water restriction) restricting all or any of the following in all or part of the SEQ region or a designated region-- (a) the volume of water taken by or supplied to a customer or type of customer of a service provider; (b) the hours when water may be used on premises for stated purposes; (c) the way water may be used on premises. (2) However, the restriction may be imposed only if-- (a) there is an urgent need for it because of a significant threat to sustainable and secure water supply; or (b) the available water supply has fallen to a level at which unrestricted use of the water is not in the public interest; or (c) the restriction is essential to ensure the aims of a relevant regional water security program or system operating plan are met; or (d) the Minister has published a notice under section 22 or if a regulation has been made under section 23; or (e) the restriction will help the achievement of long-term demand management objectives for water. (3) Also, the commission may apply the restriction to water, including non-Act water, taken from a rainwater tank connected to a service provider's reticulated supply. (4) Also, the restriction may be made even if a service provider water restriction applies to a matter the subject of the restriction. (5) A restriction may provide an exemption from all or part of the restriction. (6) In this section, the power to restrict includes the power to prohibit. (7) In this section-- customer, of a service provider, means-- (a) if the service provider is a local government--a ratepayer of the local government who enjoys registered services supplied by the local government; and (b) if the service provider is other than a local government-- a person who enjoys registered services supplied by the service provider. 360ZE Notice of commission water restriction must be given (1) The commission must give notice of a commission water restriction to anyone affected by it in the way the commission considers appropriate having regard to the circumstances in which the restriction is imposed. (2) If, because of section 360ZF(2), a service provider water restriction will not apply while the commission water restriction continues in force, the notice must state that while the commission water restriction continues in force the service provider water restriction does not apply to the matter. (2A) Before it gives the notice the commission must consult with water service providers for water supply works in the region the subject of the commission water restriction. (2B) However, subsection (2A) does not apply if the commission considers that there is an urgent need for the commission water restriction. (2C) A failure to consult under subsection (2A) does not invalidate or otherwise affect the validity of the notice. (3) The commission water restriction does not have effect until the day after the notice is given. (4) A person must not contravene a commission water restriction. Maximum penalty-- (a) if the contravention relates to non-residential premises--1665 penalty units; or (b) otherwise--200 penalty units. (5) Evidence of compliance with a relevant part of a commission water restriction includes-- (a) an authorised person is satisfied the premises meets the requirements for the restriction; or (b) the person produces a certificate from a licensed plumber certifying that the premises meets the requirements for the restriction; or (c) the person produces a statutory declaration declaring the premises meets the requirements for the restriction. 360ZF Relationship with service provider water restrictions (1) The making of a commission water restriction does not of itself invalidate a service provider water restriction that applies to a matter the subject of the commission water restriction. (2) However, if the commission water restriction states that while it continues in force it is to be the only restriction for the matter, while the commission water restriction continues in force, the service provider water restriction does not apply to the matter. 360ZG Delegation of particular functions for commission water restrictions (1) The commission may delegate to a relevant water service provider its functions of-- (a) giving notices under section 360ZE about commission water restrictions; or (b) monitoring and enforcing compliance with commission water restrictions. (2) A water service provider to whom a function is delegated under subsection (1) must make all reasonable efforts to ensure the function is performed. Maximum penalty--1665 penalty units. (3) In this section-- functions includes powers. relevant service provider, for commission water restrictions, means a water service provider for water supply works for the supply of the water the subject of the restrictions. 360ZH Public interest directions for commission's non-advisory functions (1) The Minister may give the commission a written direction about the performance of its functions if satisfied that, because of exceptional circumstances, it is necessary to do so in the public interest. (2) However-- (a) a direction under subsection (1) can not be given for any of the commission's advisory functions; and (b) before giving the direction the Minister must consult with the commission. (3) The Minister may carry out the consultation in any way the Minister considers appropriate. (4) The direction may state a period within which, or a way in which, it must be complied with. (5) The stated period must be one that, in all the circumstances, is reasonable. (6) The direction may suspend or otherwise affect the operation of another instrument made or given under this Act. (7) The Minister must publish a copy of the direction in the gazette within 15 days after it is given. (8) In this section-- advisory functions, for the commission, means its functions under section 345 (a), 360D(1)(b), 360E, 360I, 360ZCO, 360ZCP or 1141. functions includes powers. instrument does not include subordinate legislation. 360ZI Relationship with other instruments under Act (1) This section applies if there is an inconsistency between a direction given under section 360ZH and another instrument made or given under this Act. (2) The direction prevails to the extent of the inconsistency. Example of another instrument-- a regional water security program (3) If the direction suspends or otherwise affects the operation of the other instrument, the direction does not amend the other instrument. (4) In this section-- instrument does not include subordinate legislation. 542 Purposes of ch 4 (1) The main purpose of this chapter is to establish a framework for the establishment and operation of water authorities that provides for the following-- (a) efficiency in carrying out water activities by the application of commercial principles; (b) appropriate governance arrangements and accountability requirements; (c) community involvement in making and implementing arrangements for using, conserving and sustainably managing water. (2) Another purpose of this chapter is to establish the employing offices for water authorities. 548 Establishing water authorities (1) A regulation may establish a water authority to carry out water activities- - (a) generally in the State; or (b) for a particular area (the authority area) identified in the regulation. (2) The authority area may comprise 2 or more non-contiguous areas. (3) The regulation must name the authority and, if the authority is established for an authority area, identify the authority area. 549 Categories of water authorities A water authority may be a category 1 water authority or a category 2 water authority. 550 Water authority is a body corporate etc. (1) A water authority-- (a) is a body corporate; and (b) has a seal; and (c) may sue and be sued in its corporate name. (2) A water authority has all the powers of an individual and may, for example- - (a) enter into contracts; and (b) acquire, hold, deal with and dispose of property. (3) Subsection (2) does not limit a water authority's powers under this or another Act. (4) A water authority does not represent the State. 551 Application of particular Acts to a water authority (1) A water authority is a statutory body under the Financial Accountability Act 2009 and Statutory Bodies Financial Arrangements Act 1982. (2) However, provisions of the Financial Accountability Act 2009 relating to planning, special payments, evaluations of assets and losses, other than losses resulting from an offence or misconduct, do not apply to a category 1 water authority. 552 Public notice of proposal to establish a water authority (1) Before a regulation establishes a water authority, the chief executive must publish notice of the proposed establishment in-- (a) the gazette; and (b) a newspaper circulating-- (i) throughout the State; or (ii) if the proposed water authority is to have an authority area--generally, in the authority area. (2) Subsection (1) does not apply if the regulation merely remakes subordinate legislation under which the authority has been established. (3) A notice under subsection (1) must state the following information about the proposed water authority-- (a) its name; (b) its category; (c) that it is to carry out water activities; (d) the works it intends to acquire or build; (e) the land it intends to acquire; (f) its financing arrangements, including its borrowings and projected water activities costs; (g) how many directors it is to have; (h) if it is to have an authority area-- (i) whether the directors are to be elected by the authority's ratepayers or nominated; and (ii) if they are to be nominated, by whom they are to be nominated; (i) if it is not to have an authority area--that the directors are to be nominated, and by whom they are to be nominated; (j) the establishment costs the State may recover under section 717. (4) If the proposed water authority is to have an authority area, the notice must identify the area. (5) The notice must also state the following-- (a) that written submissions on the proposed establishment may be made to the chief executive; (b) the date, at least 20 business days after the notice is published, by which the submissions may be made; (c) where the submissions may be made. 553 Considering submissions on establishment proposal The chief executive must consider each properly made submission about an establishment proposal before the water authority to which it relates is established. 554 Changing, and republishing, establishment proposal (1) The chief executive may change an establishment proposal whether because of a properly made submission about the proposal or for another reason the chief executive considers appropriate. (2) If the chief executive changes an establishment proposal, the chief executive must publish notice of the changed proposal under section 552. (3) However, the date by which submissions on the changed proposal may be made must be at least 10 business days after the notice is published. (4) Subsection (2) does not apply if the change-- (a) corrects a minor error in the proposal; or (b) is not a change of substance. 555 Considering submissions on changed establishment proposal The chief executive must consider each properly made submission about a changed establishment proposal before the water authority to which it relates is established. 556 Amending establishment regulation (1) This section applies despite the Acts Interpretation Act 1954, section 24AA (b). (2) Before an establishment regulation is amended, the chief executive must publish notice of the proposed amendment in the way stated in section 552(1). (3) The notice must state the following-- (a) the proposed amendment; (b) that written submissions on the proposed amendment may be made to the chief executive; (c) the date, at least 20 business days after the notice is published, by which the submissions may be made; (d) where the submissions may be made. (4) Subsection (2) does not apply if the amendment-- (a) merely corrects a minor error in the regulation; or (b) is not a change of substance. 557 Considering submissions on amending establishment regulation The chief executive must consider each properly made submission about amending an establishment regulation before the regulation is amended. 569 Main function of water authority (1) A water authority's main function is to carry out the water activities decided by the authority. (2) If the authority has an authority area, its main function is to carry out the water activities for the authority area. (3) However, a water authority with an authority area may carry out water activities outside its authority area if carrying out the activity-- (a) does not-- (i) limit the authority's ability to perform its main function; or (ii) financially prejudice the authority or its ratepayers or customers; and (b) for a category 1 authority--is in accordance with the authority's performance plan. 570 Other functions of water authority (1) A water authority may carry out 1 or more of the following functions decided by it-- (a) riverine area protection; (b) soil erosion control; (c) land degradation treatment and prevention; (d) the management of recreational areas on land owned by the authority or under its control. (2) If a water authority has an authority area, it may carry out a function mentioned in subsection (1) either inside or outside its authority area. 571 Establishment as a water authority is not a right to water entitlement or resource operations licence To remove any doubt, it is declared that the establishment of a water authority to carry out water activities does not, of itself, entitle the authority to a water entitlement or a resource operations licence. 572 Power to make and levy rates and charges (1) A category 1 water authority, for carrying out its functions under this Act, may make and levy charges on its customers. (2) A category 2 water authority, for carrying out its functions under this Act, may make and levy on its customers or ratepayers-- (a) charges; and (b) if the authority has an authority area--rates. (3) Without limiting subsection (1) or (2)(a), the authority may make and levy a charge for providing connections to its works. (4) A charge may be made and levied on a volumetric basis for water activities carried out. (5) A rate may be made and levied, if the authority has an authority area, on a property basis for land in the authority area. (6) Subsections (4) and (5) do not limit the ways in which a charge or rate may be made or levied. 573 Exemption from rates Despite section 572(2)(b), a water authority can not make and levy rates for water activities for the following land-- (a) unoccupied State land; (b) unallocated State land reserved for a public purpose; (c) land occupied by the State, other than land leased by the State from a person; (d) land prescribed under a regulation for this section. 574 Interest on overdue rates and charges (1) An overdue rate or charge made or levied by a water authority under section 572 bears interest at the annual rate, decided by the authority, of not more than-- (a) 15%; or (b) if another percentage is prescribed under a regulation--the other percentage. (2) The interest must be calculated as simple interest. (3) In this section-- overdue charge means the amount of the charge that is not paid when it becomes payable. overdue rate means the amount of the rate that is not paid when it becomes payable. 575 Discount for payment of rates and charges (1) A water authority may allow a discount for payment of a rate or charge made or levied by it. (2) Unless a regulation prescribes otherwise, the discount must not be more than 15% of the rate or charge. 576 Recovering rates and charges A water authority may recover an overdue rate or charge made or levied by it, and any interest payable on the overdue rate or charge, as a debt due to the authority by the person on whom the rate or charge is made or levied. 577 Power to take land (1) A water authority may take any land. (2) For land to which the Acquisition of Land Act 1967 applies, the authority is a constructing authority for that Act. (3) The Land Act 1994, chapter 5, part 3, applies, with any necessary changes, to land to which it applies. (4) However, if the land is further land, a category 1 water authority must also obtain the Minister's written approval before taking the land. (5) In this section-- further land, for a water authority, means land the authority intends to acquire. 578 Purposes for which land may be taken A water authority may take land for carrying out works, and any other purpose, within the authority's main functions. 579 Delegation (1) A water authority may, in writing, delegate its powers to a director or an appropriately qualified employee of the authority. (2) A person must not, in relation to a matter, exercise a power that has been delegated to the person under subsection (1) if the person has a direct or indirect financial or personal interest in the matter. Maximum penalty for subsection (2)--100 penalty units. 580 Notice of proposed significant action (1) This section applies if a water authority proposes to-- (a) do anything that may prevent, or have a significant adverse effect on, the authority performing its main function; or (b) sell or buy property for more than-- (i) for a category 1 water authority--$1000000; or (ii) for a category 2 water authority--$100000. (2) Before doing anything (the proposed significant action) mentioned in subsection (1), and as soon as practicable after proposing to do it, the water authority must give the Minister notice of the proposed significant action. (3) A category 1 water authority is not required to comply with subsection (2) if, before taking the proposed significant action, the authority gives details of the proposed significant action in its performance plan. 581 Minister may require information (1) The Minister, by notice given to a water authority, may require the authority to give the Minister information about the performance of its functions and operations under this Act. (2) The notice must state the day by which the information must be given. (3) The water authority must give the information to the Minister by the stated day. 582 Statement of operations (1) A category 1 water authority must include in its annual report a statement of its operations under this Act during the preceding financial year. (2) The statement must contain the following-- (a) sufficient information to enable an informed assessment to be made of the operations, including a comparison of the authority's performance with its performance plan; (b) particulars of any amendments made to the authority's performance plan in the financial year; (c) particulars of any directions, including directions about community service obligations to be carried out by the authority, or notices, given to the authority for the financial year; (d) particulars of the impact that any changes to the authority's performance plan may have had on its financial position, including its operating surplus and deficit and prospects. 583 Identification and disclosure of cross-subsidies (1) This section applies to the following water authorities that charge on a volumetric basis for water the authorities manage-- (a) category 1 water authorities; (b) other water authorities prescribed by regulation. (2) Each water authority must include in its annual report a statement-- (a) identifying and disclosing all cross-subsidies between classes of its ratepayers or customers in carrying out its water activities; and (b) disclosing-- (i) the classes of its ratepayers or customers for whom a water activity is carried out at an amount below the full cost of the activity; and (ii) the amount. (3) The cross-subsidies must be calculated in accordance with the guidelines, if any, issued by the chief executive for calculating cross-subsidies. 584 Water authority may enter into work performance arrangements (1) A water authority may enter into, and give effect to, a work performance arrangement with-- (a) the employing office for the water authority; or (b) the appropriate authority of another government entity. (2) A work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement. (3) For example, a work performance arrangement may provide for-- (a) the appointment of a person to an office, and the holding of the office by the person, for the arrangement; and (b) the authorising of a person to exercise powers for the arrangement; and (c) whether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment. (4) A person performing work for a water authority under a work performance arrangement entered into under subsection (1)-- (a) is not employed by the water authority; and (b) remains an employee of the employing office for the water authority, or an employee of the other government entity whose appropriate authority is a party to the arrangement. (5) To remove any doubt, it is declared that a water authority does not have power to employ a person performing work for the water authority under a work performance arrangement entered into under subsection (1). 585 Duties and liabilities of water authority officers (1) An officer of a water authority must act honestly in exercising powers, and discharging functions, as an officer of the authority. Maximum penalty-- (a) if the contravention is committed for a fraudulent purpose--500 penalty units or imprisonment for 5 years; or (b) in any other case--100 penalty units. (2) In exercising powers and discharging functions, an officer of a water authority must exercise the degree of care and diligence that a reasonable person in a like position in a water authority would exercise in the authority's circumstances. Maximum penalty--100 penalty units. (3) An officer of a water authority, or a person who has been an officer of a water authority, must not make improper use of information acquired because of his or her position as an officer of a water authority-- (a) to gain, directly or indirectly, an advantage for himself or herself or for another person; or (b) to cause detriment to the authority. Maximum penalty--500 penalty units or imprisonment for 5 years. (4) An officer of a water authority must not make improper use of his or her position as an officer of the authority-- (a) to gain, directly or indirectly, an advantage for himself or herself or another person; or (b) to cause detriment to the authority. Maximum penalty--500 penalty units or imprisonment for 5 years. (5) If a person contravenes this section in relation to a water authority, the authority may recover from the person as a debt due to the authority-- (a) if the person or another person made a profit because of the contravention--an amount equal to the profit; and (b) if the authority suffered loss or damage because of the contravention--an amount equal to the loss or damage. (6) An amount may be recovered from the person under subsection (5) whether or not the person has been convicted of an offence in relation to the contravention. (7) Subsection (6) is in addition to, and does not limit, the Criminal Proceeds Confiscation Act 2002. (8) This section-- (a) is in addition to, and does not limit, any rule of law relating to the duty or liability of a person because of the person's office in relation to a corporation; and (b) does not prevent civil proceedings being instituted for a breach of the duty or the liability. (9) In this section-- officer, of a water authority, includes-- (a) an employee of the water authority; and (b) an employee of the employing office for the water authority or of another government entity who performs work for the authority under a work performance arrangement between the water authority and the employing office or other government entity. 597 Board of directors A water authority must have a board of directors (a board). 598 Composition of board for water authorities (1) As soon as practicable after a water authority is established under section 548 or formed under section 690, the chief executive must publish a notice in the gazette stating-- (a) the number of directors comprising the authority's board; and (b) whether the directors are to be elected by the authority's ratepayers or nominated and, if they are to be nominated, by whom they are to be nominated. (1A) Subsection (1) does not apply if the regulation under section 548 merely remakes subordinate legislation under which the authority has been established. (2) The directors must be elected or nominated in accordance with the procedures prescribed under a regulation. (3) Subsection (1) has effect subject to sections 599 and 600. 598A Changing the composition of a board (1) Subsection (2) applies for a proposed change in the composition of the board of a water authority. (2) The chief executive must publish notice of the proposed change in the way stated in section 552(1). (3) The notice must state the following-- (a) the proposed change; (b) that written submissions on the proposed change may be made to the chief executive; (c) the day, at least 20 business days after the notice is published, by which submissions may be made; (d) where the submissions may be made. (4) The chief executive must consider each properly made submission about the proposed change before publishing a notice in the gazette amending the notice published under section 598. (5) Subsection (2) does not apply if the change-- (a) merely corrects a minor error in the notice published under section 598; or (b) is not a change of substance. 599 Composition of board for Gladstone Area Water Board The board for the Gladstone Area Water Board comprises-- (a) 4 persons nominated by the Gladstone Regional Council; and (b) 3 persons nominated by the chief executive, 1 of whom must be the board's chairperson. 600 Appointment The directors for a water authority must be appointed by the Governor in Council. 601 Chairperson (1) This section does not apply to the Gladstone Area Water Board. (2) The chairperson of a water authority's board is the director chosen as chairperson by the directors comprising the board. (3) If a chairperson is not chosen for the board under subsection (2) within 1 month after the date appointed for the board's first meeting, the chairperson is the director chosen by the chief executive. (4) The chairperson holds office until the annual meeting of the board next following the director's selection as chairperson. 602 Administration of water authority (1) The Minister may appoint the chief executive to administer a water authority until the authority's first board is appointed. (2) Subsection (3) applies if-- (a) the Governor in Council removes all the directors of a water authority's board from office; or (b) for another reason, there are no directors comprising a water authority's board. (3) The Minister may appoint either of the following persons to administer the water authority until a board is appointed for the authority-- (a) the chief executive; (b) another person the Minister considers has the necessary qualifications and experience to administer the authority. 603 Eligibility for appointment as director (1) A person is not eligible to be elected, or nominated for appointment, as a director if the person-- (a) becomes mentally or physically incapable of satisfactorily performing the director's duties; or (b) is an undischarged bankrupt or is taking advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; or (c) has been convicted of an indictable offence, whether in Queensland or elsewhere, and the rehabilitation period for the offence has not expired or has been revived under the Criminal Law (Rehabilitation of Offenders) Act 1986; or (d) is an employee of the authority; or (e) is directly interested in an agreement with, or on behalf of, the authority. (2) Subsection (1)(e) does not apply to a person to the extent the person is directly interested in an agreement with the water authority for the supply of water. 603A Investigations about eligibility for appointment (1) The chief executive may make investigations about a person to decide whether the person is eligible to be elected or nominated for appointment as a director. (2) Without limiting subsection (1), the chief executive may ask the commissioner of the police service for a written report about the criminal history of the person. (3) The commissioner must give the report to the chief executive. (4) However, the report is required to contain only criminal history in the commissioner's possession or to which the commissioner has access. 603B Criminal history is confidential document (1) An officer, employee or agent of the department must not, directly or indirectly, disclose to anyone else a report, or information contained in a report, given under section 603A. Maximum penalty for subsection (1)--100 penalty units. (2) However, the officer, employee or agent does not contravene subsection (1) if-- (a) disclosure of the report or information to someone else is authorised by the chief executive to the extent necessary to perform a function under or in relation to this Act; or (b) the disclosure is otherwise required or permitted by law. (3) The chief executive must destroy the report as soon as practicable after considering the person's eligibility. 604 Term of office for directors of water authorities other than Gladstone Area Water Board (1) This section does not apply to a director of the Gladstone Area Water Board. (2) Subject to subsections (3) and (4), a director is appointed for the term of up to 3 years as stated in the director's instrument of appointment. (3) The director continues holding office after the director's term of office ends until the director's successor is appointed. (4) If a person is appointed to fill a casual vacancy in the office of a director, the person is appointed only for the remainder of the director's term of office. 605 Term of office for directors of Gladstone Area Water Board (1) The appointment of a director of the Gladstone Area Water Board starts-- (a) on the day notice of the appointment is published in the gazette; or (b) on a later day stated in the notice. (2) Subject to subsections (2A), (3) and (4), the director's term of office ends on the day fixed by the gazette notice. (2A) The director continues holding office after the director's term ends until the director's successor is appointed. (3) If the director is the nominee of a local government, the day the director's term ends must be not later than 6 months after the day prescribed under the Local Government Act 1993 for holding the quadrennial election next following the director's appointment. (4) If a person is appointed to fill a casual vacancy in the office of a director, the person is appointed only for the remainder of the director's term of office. 606 Resignation (1) Subject to subsections (2) and (4), a director for a water authority may resign by signed notice of resignation given to the chairperson of the authority's board. (2) Subject to subsection (3), the chairperson may resign from office as chairperson, or as a director, by signed notice of resignation given to the other directors on the board. (3) The chairperson of the board for the Gladstone Area Water Board may resign from office as chairperson by signed notice of resignation given to the other directors on the board. (4) If a person resigns from office as chairperson of a board under subsection (3), the person must also resign from office as a director of the board by signed notice of resignation given to the other directors on the board. 607 Termination of appointment as director The Governor in Council may remove a director on a water authority's board from office if the director-- (a) is absent from 3 consecutive meetings of the board without the board's leave and without reasonable excuse; or (b) becomes ineligible to be elected or nominated for appointment as a director; or (c) declines to act as a director; or (d) is convicted of an offence against this Act; or (e) is prohibited from being a director of a body corporate by the Corporations Act for a reason other than a person's age. 608 Casual vacancy (1) The office of a director becomes vacant if-- (a) the director dies during the director's term of office; or (b) the director resigns from office; or (c) the Governor in Council removes the director from office. (2) The office of a director also becomes vacant if the director-- (a) is a nominee and councillor of a local government; and (b) ceases to be a councillor of the local government other than by-- (i) defeat at an election of councillors of the local government; or (ii) failure to contest the election. 609 Removal of board The Governor in Council may remove all the directors of a water authority's board from office if the board-- (a) does not comply with a public sector policy notified to it by the Minister under this Act; or (b) does not comply with a direction given to it by the Minister under this Act; or (c) does not comply with a joint direction given to it by the Minister and Treasurer under this Act; or (d) does not comply with its obligations under this Act for the preparation and submission of-- (i) performance plans; or (ii) any reports under the performance plans; or (iii) a corporate plan; or (e) does not comply with its obligations under the Financial Accountability Act 2009 for the preparation and submission of reports and plans. 610 Disclosure of interests (1) This section applies to a director on a water authority's board if-- (a) the director has a direct or indirect financial or personal interest in a matter being considered, or about to be considered, by the board; and (b) the interest could conflict with the proper performance of the director's duties about the consideration of the matter. (2) As soon as practicable after the relevant facts come to the director's knowledge, the director must disclose the nature of the interest to a meeting of the board. Maximum penalty--100 penalty units. (3) The disclosure must be recorded in the board's minutes. (4) Unless the board otherwise decides, the director must not-- (a) be present when the board considers the matter; or (b) take part in a decision of the board on the matter. Maximum penalty--100 penalty units. (5) The director must not be present when the board is considering its decision under subsection (4). Maximum penalty--100 penalty units. (6) Another director who also has a direct or indirect financial or personal interest in the matter must not-- (a) be present when the board is considering its decision under subsection (4); or (b) take part in making the decision. Maximum penalty--100 penalty units. (7) In this section-- financial or personal interest, of a person in a matter, does not include-- (a) the person's interest in the matter as a customer or ratepayer of the water authority; or (b) for a person nominated by an entity for appointment as a director, an interest in an agreement with the authority for the supply of water to the entity. 611 Declaration about duty to act in authority's interest To remove any doubt, it is declared that a director of a water authority, in exercising powers, and discharging functions, as a director of the authority, must act in the best interests of the authority. 612 Prohibition on loans to directors (1) A water authority must not, directly or indirectly-- (a) make a loan to a director, a director's spouse, or a relative of a director or a director's spouse; or (b) give a guarantee or provide security for a loan made to a director, a director's spouse, or a relative of a director or a director's spouse. (2) Subsection (1) does not apply to the entering into by the authority of an instrument with a person mentioned in the subsection if the instrument is entered into on the same terms as similar instruments are entered into by the authority with members of the public. (3) A director of a water authority must not be knowingly concerned in a contravention of subsection (1) by the authority, whether or not in relation to the director. Maximum penalty--100 penalty units. (4) In this section-- relative, of a person, means the person's-- (a) parent or remoter lineal ancestor; or (b) son, daughter or remoter issue; or (c) brother or sister. 613 Water authority not to indemnify officers (1) A water authority must not-- (a) indemnify a person who is or has been an officer of the authority against a liability incurred by the person as an officer of the authority; or (b) exempt a person who is or has been an officer of the authority from a liability incurred as an officer of the authority. (2) An instrument is void to the extent it is inconsistent with subsection (1). (3) Subsection (1) does not prevent a water authority from indemnifying a person against a civil liability, other than a liability to the authority, unless the liability arises out of conduct involving lack of good faith. (4) Subsection (1) does not prevent a water authority from indemnifying a person against a liability for costs and expenses incurred by the person-- (a) in defending a proceeding, whether civil or criminal, in which judgment is given in favour of the person or in which the person is acquitted; or (b) in connection with an application in relation to a proceeding in which relief is granted to the person by a court. (5) A water authority may give an indemnity mentioned in subsection (3) or (4) only if the Minister has approved the giving of the indemnity. 614 Water authority not to pay premiums for particular liabilities of officers (1) A water authority must not pay, or agree to pay, a premium for a contract insuring a person who is or has been an officer of the authority against a liability-- (a) incurred by the person as an officer of the authority; and (b) arising out of a breach of conduct involving-- (i) a wilful breach of duty in relation to the authority; or (ii) a contravention of section 585(3) or (4). (2) Subsection (1) does not apply to a liability for costs and expenses incurred by a person in defending proceedings, whether civil or criminal, and whatever the outcome of the proceedings. (3) An instrument is void to the extent it is inconsistent with subsection (1). (4) In this section-- pay includes pay indirectly through 1 or more interposed entities. 615 Director's duty to prevent insolvent trading (1) This section applies if-- (a) immediately before a water authority incurs a debt-- (i) there are reasonable grounds to suspect the authority will not be able to pay all its debts as and when they become payable; or (ii) there are reasonable grounds to suspect that, if the authority incurs the debt, it will not be able to pay all its debts as and when they become payable; and (b) the authority is, or later becomes, unable to pay all its debts as and when they become payable. (2) A person who is a director of the authority, or takes part in the authority's management, at the time the debt is incurred commits an offence. Maximum penalty--100 penalty units or imprisonment for 1 year. (3) In a proceeding against a person for an offence against this section, it is a defence if it is proved-- (a) that the debt was incurred without the person's express or implied authority or consent; or (b) that, at the time the debt was incurred, the person did not have reasonable cause to suspect that-- (i) the authority would not be able to pay all its debts as and when they became payable; or (ii) if the authority incurred the debt, it would not be able to pay all its debts as and when they became payable; or (c) the person took all reasonable steps to prevent the authority from incurring the debt; or (d) for a director--the person did not take part at the time in the authority's management because of illness or for some other good cause. 616 Court may order compensation (1) This section applies if a person is convicted of an offence against section 615 in relation to the incurring of a debt by a water authority. (2) The Supreme Court or the District Court may declare that the person is to be personally responsible, without any limitation of liability, for the payment to the authority of the amount required to satisfy the part of the authority's debts that the court considers appropriate. (3) This section does not affect any rights of a person to indemnity, subrogation or contribution. (4) This section-- (a) is in addition to, and does not limit, any rule of law about the duty or liability of a person because of the person's office in relation to a water authority; and (b) does not prevent proceedings being started for a breach of the duty or the liability. 617 Examination of persons concerned with water authorities (1) This section applies if it appears to the Attorney-General that-- (a) a person who has been concerned, or taken part, in a water authority's management, administration or affairs has been, or may have been, guilty of fraud, negligence, default, breach of trust or breach of duty or other misconduct in relation to the authority; or (b) a person may be capable of giving information in relation to a water authority's management, administration or affairs. (2) The Attorney-General may apply to the Supreme Court or the District Court for an order under this section in relation to the person. (3) The court may order that the person attend before the court at a time and place fixed by the court to be examined on oath on any matters relating to the water authority's management, administration or affairs. (4) The examination of the person must be held in public except so far as the court considers that, because of special circumstances, it is desirable to hold the examination in private. (5) The court may give directions about-- (a) the matters to be inquired into at the examination; and (b) the procedures to be followed at the examination including, if the examination is to be held in private, the persons who may be present. (6) The person must not fail, without reasonable excuse-- (a) to attend as required by the order; or (b) to continue to attend as required by the court until the completion of the examination. Maximum penalty--200 penalty units or imprisonment for 2 years. (7) The person must not fail to take an oath or make an affirmation at the examination. Maximum penalty--200 penalty units or imprisonment for 2 years. (8) The person must not fail to answer a question that the person is directed by the court to answer. Maximum penalty--200 penalty units or imprisonment for 2 years. (9) The person may be directed by the court (whether in the order or by subsequent direction) to produce any document in the person's possession, or under the person's control, relevant to the matters on which the person is to be, or is being, examined. (10) The person must not, without reasonable excuse, contravene a direction under subsection (9). Maximum penalty--200 penalty units or imprisonment for 2 years. (11) If the court directs the person to produce a document and the person has a lien on the document, the production of the document does not prejudice the lien. (12) The person must not knowingly make a statement at the examination that is false or misleading in a material particular. Maximum penalty--500 penalty units or imprisonment for 5 years. (13) The person is not excused from answering a question put to the person at the examination on the ground that the answer might tend to incriminate the person or make the person liable to a penalty. (14) Subsection (15) applies if-- (a) before answering a question put to the person at the examination, the person claims that the answer might tend to incriminate the person or make the person liable to a penalty; and (b) the answer might in fact tend to incriminate the person or make the person liable to a penalty. (15) The answer is not admissible in evidence against the person in a criminal proceeding or a proceeding for the imposition of a penalty, other than a proceeding for an offence against this section or another proceeding in relation to the falsity of the answer. (16) The court may order the questions put to the person and the answers given by the person at the examination to be recorded in writing and may require the person to sign the record. (17) Subject to subsection (15), any written record of the examination signed by the person, or any transcript of the examination that is authenticated by the signature of the examiner, may be used in evidence in any legal proceeding against the person. (18) The person may, at his or her own expense, employ a lawyer, and the lawyer may put to the person questions that the court considers just for the purpose of enabling the person to explain or qualify any answers given by the person. (19) The court may adjourn the examination from time to time. (20) If the court is satisfied that the order for the examination of the person was obtained without reasonable cause, the court may order all, or any part, of the costs incurred by the person be paid by the State. 618 Power to grant relief (1) This section applies to a person who is-- (a) an officer or employee of a water authority; or (b) an employee of the employing office for a water authority or of another government entity who performs work for the authority under a work performance arrangement between the water authority and the employing office or other government entity. (2) Subsection (3) applies if, in a proceeding against the person for negligence, default, breach of trust or breach of duty as an officer or employee of the water authority or as an employee of the employing office for the water authority or of the other government entity, it appears to the court that-- (a) the person is or may be liable for the negligence, default or breach; but (b) the person has acted honestly and, having regard to all the circumstances of the case, including circumstances connected with the person's appointment, the person ought fairly to be excused for the negligence, default or breach. (3) The court may relieve the person, wholly or partly, from liability on terms the court considers appropriate. (4) If the person believes that a claim will or might be made against the person for negligence, default, breach of trust or breach of duty as an officer or employee of the water authority or as an employee of the employing office for the water authority or of the other government entity, the person may apply to the Supreme Court or the District Court for relief. (5) The court has the same power to relieve the person as it would have if a proceeding had been brought against the person in the court for the negligence, default or breach. (6) Subsection (7) applies if-- (a) a proceeding mentioned in subsection (2) is being tried by a judge with a jury; and (b) the judge, after hearing the evidence, is satisfied that the defendant ought under that subsection be relieved, wholly or partly, from the liability sought to be enforced against the person. (7) The judge may withdraw the case, wholly or partly, from the jury and direct that judgment be entered for the defendant on the terms, as to costs or otherwise, that the judge considers appropriate. 619 False or misleading information or documents (1) In this section-- officer, of a water authority, includes-- (a) an employee of the water authority; and (b) an employee of the employing office for the water authority or of another government entity who performs work for the authority under a work performance arrangement between the water authority and the employing office or other government entity. (2) An officer of a water authority must not-- (a) make a statement concerning the affairs of the authority to another officer or the Minister that the first officer knows is false or misleading in a material particular; or (b) omit from a statement concerning the authority's affairs made to another officer or the Minister anything without which the statement is, to the first officer's knowledge, misleading in a material particular. (3) It is enough for a complaint for an offence against subsection (2)(a) or (b) to state the statement made was 'false or misleading' to the person's knowledge, without specifying which. (4) An officer of a water authority must not give to another officer or the Minister a document containing information that the first officer knows is false, misleading or incomplete in a material particular without-- (a) indicating to the recipient that the document is false, misleading or incomplete and the respect in which the document is false, misleading or incomplete; and (b) giving the correct information to the recipient if the first officer has, or can reasonably obtain, the correct information. Maximum penalty-- (a) if the contravention is committed with intent to deceive or defraud the water authority, its creditors or creditors of another person or for another fraudulent purpose--500 penalty units or imprisonment for 5 years; or (b) otherwise--100 penalty units. 620 Time and place of meetings (1) Meetings of the board are to be held at the times and places it decides. (2) However, the board must hold-- (a) its first meeting at the time and place decided by the chief executive; and (b) at least 1 meeting a year. (3) The board chairperson-- (a) may call a board meeting at any time; and (b) must call a meeting if asked by at least one-half of the directors comprising the board or, if the number is not a whole number, the next highest whole number of directors. 621 Conduct of proceedings (1) The board's chairperson must preside at all meetings at which the chairperson is present. (2) If the chairperson is absent, the director chosen by the directors present must preside. (3) At a board meeting-- (a) a quorum is the number of directors equalling one-half the number of directors on the board plus 1 or, if the number is not a whole number, the next highest whole number; and (b) a question is decided by a majority of the votes of the directors present and voting; and (c) each director present has a vote on each question to be decided and, if the votes are equal, the chairperson has a casting vote. (4) Unless otherwise prescribed under a regulation, the board may conduct its proceedings, including its meetings, as it considers appropriate. 622 Participation in meetings by telephone etc. (1) The board may permit directors to participate in a particular meeting, or all meetings, by-- (a) telephone; or (b) closed circuit television; or (c) another means of communication. (2) A director who participates in a meeting of the board under a permission under subsection (1) is taken to be present at the meeting. 623 Minutes The board must keep minutes of its proceedings. 624 Fees and allowances A director is entitled to be paid the fees and allowances approved by the Minister. 625 Establishment of employing office for water authority (1) A regulation may establish the employing office for a water authority. (2) The regulation must name the employing office for the water authority. (3) The employing office for a water authority consists of-- (a) the executive officer of the employing office; and (b) the employees of the employing office. (4) The employing office for a water authority is a separate entity from the water authority. 626 Employing office for water authority represents the State (1) The employing office for a water authority represents the State. (2) Without limiting subsection (1), the employing office has the status, privileges and immunities of the State. 627 Functions of employing office for water authority (1) The main functions of the employing office for a water authority are-- (a) entering into, for the State, a work performance arrangement with the water authority under which employees of the employing office perform work for the authority; and (b) employing, for the State, staff to perform work for the water authority under the work performance arrangement; and (c) doing anything incidental to the discharge of the functions mentioned in paragraphs (a) and (b). (2) Also, the employing office for a water authority has any other function conferred on the employing office under this or another Act. (3) This section does not limit the power of the employing office for a water authority to enter into and give effect to a work performance arrangement under section 631 with a government entity other than the water authority. 628 Appointment of executive officer (1) There is to be an executive officer of the employing office for a water authority. (2) The executive officer is to be appointed by the Governor in Council. (3) The executive officer is appointed under this Act and not under the Public Service Act 1996. Editor's note-- Public Service Act 1996--now see the Public Service Act 2008, section 249(1). 629 Executive officer acting for employing office of water authority (1) The employing office for a water authority acts through the executive officer of the employing office. (2) Anything done by the executive officer in the name of, or for, the employing office is taken to have been done by the employing office. 630 Employing office for water authority may employ staff (1) The employing office for a water authority may, for the State, employ staff. (2) A person employed under subsection (1) is an employee of the employing office. (3) The employing office for a water authority may decide the terms of employment of the employees of the employing office. (4) Subsection (3) applies subject to any relevant industrial instrument. (5) Employees of the employing office for a water authority are employed under this Act and not the Public Service Act 1996. Editor's note-- Public Service Act 1996--now see the Public Service Act 2008, section 249(1). 631 Employing office for water authority may enter into work performance arrangements (1) The employing office for a water authority may, for the State, enter into and give effect to a work performance arrangement with-- (a) the water authority; or (b) the appropriate authority of another government entity. (2) A work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement. (3) For example, a work performance arrangement may provide for-- (a) the appointment of a person to an office, and the holding of the office by the person, for the arrangement; and (b) the authorising of a person to exercise powers for the arrangement; and (c) whether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment. (4) A person performing work for a water authority or other government entity under a work performance arrangement entered into under subsection (1)-- (a) is not employed by the water authority or other government entity; and (b) remains an employee of the employing office for the water authority. (5) To remove any doubt, it is declared that a water authority or another government entity does not have power to employ a person performing work for the authority or other government entity under a work performance arrangement entered into under subsection (1). 632 Employing office for water authority is statutory body (1) The employing office for a water authority is a statutory body under-- (a) the Financial Accountability Act 2009; and (b) the Statutory Bodies Financial Arrangements Act 1982. (2) For applying the Financial Accountability Act 2009 to the employing office as a statutory body-- (a) the executive officer of the employing office is taken to be the chairperson of the employing office; and (b) the Financial Accountability Act 2009 is taken to require the executive officer to consider the annual financial statements and the auditor-general's report as soon as practicable after they are received by the employing office; and (c) the Financial Accountability Act 2009 is taken to require the executive officer to consider any observations, suggestions or comments given to the executive officer under the Auditor-General Act 2009 as soon as practicable after the executive officer receives them. 637 Meaning of commercialisation Commercialisation of a category 1 water authority involves the authority undergoing a structural reform process so that it operates, as far as practicable, on a commercial basis and in a competitive environment. 638 Key commercialisation principles (1) The key commercialisation principles are the following-- (a) principle 1--clarity of objectives; (b) principle 2--management autonomy and authority; (c) principle 3--accountability for performance; (d) principle 4--competitive neutrality. (2) The elements of principle 1 are as follows-- (a) the water authority will have clear, non-conflicting objectives; (b) specific financial and non-financial performance targets will be set for the commercial activities of the water authority and stated in its performance plan; (c) any community service obligations of the water authority will be- - (i) clearly identified in its performance plan; and (ii) separately costed; (d) the water authority will be appropriately funded for its community service obligations and any funding will be made apparent; (e) the water authority will be set performance targets for its community service obligations. (3) The elements of principle 2 are as follows-- (a) the water authority will be required to use its best endeavours to ensure it meets its performance targets; (b) subject to this Act, the water authority will be given autonomy in its day to day operations; (c) government directions for the water authority to achieve non- commercial objectives will be exercised in an open way; (d) in its day to day operations, the water authority will be at arms length to the State. (4) The elements of principle 3 are as follows-- (a) the water authority's board will be accountable to the Minister for the authority's performance; (b) the authority's performance plan will form the basis for accountability; (c) the authority's performance will be monitored by the chief executive against the performance targets specified in its performance plan; (d) Government monitoring of the authority is intended to compensate for the absence of the wide range of monitoring to which corporations whose shares are listed on a stock exchange are subject. (5) The elements of principle 4 are as follows-- (a) the efficiency of overall resource use is promoted by ensuring markets are not unnecessarily distorted; (b) wherever possible and appropriate, advantages and disadvantages accruing to the water authority because it is a statutory authority should be removed. (6) Without limiting subsection (5)(b), advantages accruing to the water authority may be removed by requiring the authority-- (a) to pay to the State amounts equivalent to-- (i) government taxes that are not otherwise payable by the authority to the Commonwealth, State or local government; and (ii) any cost of funds advantage the authority obtains over commercial rates of interest because of State guarantees given for providing the goods or services; and (b) to comply with Commonwealth, State and local government requirements that apply only if the activity carried on by the authority were carried on by a private sector business, including, for example, requirements about protecting the environment and planning and approval processes. 639 Category 1 water authorities subject to commercialisation Category 1 water authorities are subject to commercialisation. 640 Key objectives of category 1 water authority (1) Under commercialisation, the key objectives of a category 1 water authority are to be-- (a) commercially successful in carrying on its activities; and (b) efficient and effective in providing goods and delivering its services, including things done as community service obligations. (2) The commercial success, efficiency and effectiveness of a category 1 water authority are to be measured against its financial and non-financial performance targets stated in its performance plan. 641 Preparing commercialisation charter The Minister may prepare a commercialisation charter for a category 1 water authority. 642 Content of commercialisation charter A water authority's commercialisation charter must include 1 or more of the following matters decided by the Minister-- (a) an outline of how the key commercialisation principles and their elements are to be applied to the authority; (b) a timetable for applying the principles and elements; (c) a timetable for the authority's adoption of the following-- (i) appropriate systems of accounting; (ii) commercial management and performance systems; (d) a timetable and method for valuing the authority's assets and deciding its capital structure; (e) a statement of activities to be undertaken by the authority before commercialisation; (f) a statement of the authority's community service obligations and its financial costs for the obligations. 643 Compliance with commercialisation charter A category 1 water authority for which the Minister has prepared a commercialisation charter must implement the charter. 644 Expiry of commercialisation charter A commercialisation charter prepared for a water authority under section 641 expires 1 year after the authority becomes a category 1 water authority. 645 Category 1 water authority must have corporate plan A category 1 water authority must have a corporate plan. 646 Guidelines for corporate plans (1) The Minister may issue guidelines about the form and content of corporate plans. (2) Each category 1 water authority must comply with the guidelines. (3) Guidelines under this section are subordinate legislation. 647 Draft corporate plan (1) A category 1 water authority must prepare, and submit to the Minister for the Minister's agreement, a draft corporate plan-- (a) within 1 month of becoming a category 1 water authority; and (b) not later than 2 months before the start of each subsequent financial year (a subsequent financial year). (2) The authority and Minister must endeavour to reach agreement on the draft plan as soon as possible and, in the case of a draft corporate plan for a subsequent financial year, in any event not later than 1 month before the start of the financial year. 648 Special procedures for draft corporate plan (1) The Minister may return the draft corporate plan to the water authority and request it to-- (a) consider, or further consider, any matter and deal with the matter in the draft plan; and (b) revise the draft plan in the light of its consideration or further consideration. (2) The board must comply with the request as a matter of urgency. (3) If a draft corporate plan has not been agreed to by the Minister within 2 months after the authority becomes a category 1 water authority, the Minister may, by notice, direct the authority-- (a) to take specified steps in relation to the draft plan; or (b) to make specified modifications to the draft plan. (4) If, in the case of a subsequent financial year, a draft corporate plan has not been agreed to by the Minister by 1 month before the start of the financial year, the Minister may, by notice, direct the authority-- (a) to take specified steps in relation to the draft plan; or (b) to make specified modifications to the draft plan. (5) The authority must immediately comply with a direction under subsection (3) or (4). (6) The Minister must cause a copy of a direction to be published in the gazette within 15 business days after it is given. 649 Corporate plan on agreement When a water authority's draft corporate plan is agreed to by the Minister, it becomes the authority's corporate plan for the relevant financial year. 650 Corporate plan pending agreement (1) Subsection (2) applies if a water authority's draft corporate plan has not been agreed to by the Minister within 1 month after the authority becomes a category 1 water authority. (2) The draft corporate plan submitted, or last submitted, by the authority to the Minister before the time mentioned in subsection (1) (with any modifications made by the authority, whether before or after that time, at the direction of the Minister) is taken to be the authority's corporate plan until a draft corporate plan becomes the authority's corporate plan under section 649. (3) Subsection (4) applies if, in the case of a subsequent financial year, the Minister has not agreed to a draft corporate plan before the start of the financial year. (4) The draft corporate plan submitted, or last submitted, by the authority to the Minister before the start of the financial year (with any modifications made by the authority, whether before or after that time, at the direction of the Minister) is taken to be the authority's corporate plan until a draft corporate plan becomes the authority's corporate plan under section 649. 651 Modifying corporate plan (1) A water authority's corporate plan may be modified by the authority with the Minister's agreement. (2) The Minister, by notice, may direct the authority to modify the corporate plan. (3) The Minister must cause a copy of the direction to be published in the gazette within 15 business days after it is given. 652 Category 1 water authority must have performance plan (1) A category 1 water authority must have a performance plan for each financial year. (2) The performance plan must be consistent with the authority's corporate plan. 653 Content of performance plan (1) A category 1 water authority's performance plan must include the following for the relevant financial year-- (a) the authority's financial and non-financial performance targets for its functions; (b) particulars of the authority's relevant employment and industrial relations plan; (c) an outline of the authority's objectives; (d) an outline of the nature and scope of the activities proposed to be undertaken by the authority during the financial year; (e) an outline of the authority's main undertakings during the financial year; (f) the authority's proposed infrastructure investments; (g) the authority's capital structure and dividend policies; (h) the authority's forecast taxation obligations; (i) an outline of the borrowings made, and proposed to be made, by the authority; (j) an outline of the policies adopted by the authority to minimise and manage any risk of investments and borrowings that may adversely affect its financial stability; (k) an outline of the authority's asset management plans, including its policies and procedures relating to the acquisition and disposal of major assets; (l) the authority's accounting policies that apply to the preparation of its accounts; (m) style and frequency of reporting requirements; (n) the performance indicators for the authority's performance targets. (2) The performance plan must also contain the following particulars about the water authority's community service obligations-- (a) the nature and extent of the obligations to be performed by the authority for the financial year to which the plan relates; (b) the costs for the obligations; (c) the ways in which, and the extent to which, the authority must be compensated by the State for performing the obligations; (d) performance targets for the obligations. 654 Preparing draft performance plan (1) A category 1 water authority must prepare, and give to the Minister for approval, a draft performance plan. (2) The draft must be given to the Minister-- (a) within 1 month after the water authority becomes a category 1 water authority; and (b) not later than 2 months before the start of each subsequent financial year. (3) The authority and the Minister must try to reach agreement on the draft performance plan-- (a) as soon as possible; and (b) for a draft plan for a subsequent financial year--not later than the start of the financial year. 655 Special procedures for draft performance plan (1) The Minister may return the draft performance plan to the water authority and request it to-- (a) consider, or further consider, any matter and deal with the matter in the draft plan; and (b) revise the draft plan in the light of its consideration or further consideration. (2) The authority must immediately comply with the request. (3) If a draft performance plan has not been agreed to by the Minister within 2 months after the authority becomes a category 1 water authority, the Minister may, by notice, direct the authority-- (a) to take specified steps in relation to the draft plan; or (b) to make specified modifications to the draft plan. (4) If, in the case of a subsequent financial year, a draft performance plan has not been agreed to by the Minister by 1 month before the start of the financial year, the Minister may, by notice, direct the authority-- (a) to take specified steps in relation to the draft plan; or (b) to make specified modifications to the draft plan. (5) The authority must immediately comply with a direction under subsection (3) or (4). (6) The Minister must cause a copy of a direction to be published in the gazette within 15 business days after it is given. 656 Performance plan on agreement When a water authority's draft performance plan is agreed to by the Minister, it becomes the authority's performance plan for the relevant financial year. 657 Performance plan pending agreement (1) Subsection (2) applies if a water authority's draft performance plan has not been agreed to by the Minister within 1 month after the authority becomes a category 1 water authority. (2) The draft performance plan submitted, or last submitted, by the authority to the Minister before the time mentioned in subsection (1) (with any modifications made by the authority, whether before or after that time, at the direction of the Minister) is taken to be the authority's performance plan until a draft performance plan becomes the authority's performance plan under section 656. (3) Subsection (4) applies if, in the case of a subsequent financial year, the Minister has not agreed to a draft performance plan before the start of the financial year. (4) The draft performance plan submitted, or last submitted, by the authority to the Minister before the start of the financial year (with any modifications made by the authority, whether before or after that time, at the direction of the Minister) is taken to be the authority's performance plan until a draft performance plan becomes the authority's performance plan under section 656. 658 Modifying performance plan (1) A water authority's performance plan may be modified by the authority with the Minister's agreement. (2) The Minister, by notice, may direct the authority to modify the performance plan. (3) The Minister must cause a copy of the direction to be published in the gazette within 15 business days after it is given. 659 Treasurer may issue tax equivalents manual (1) The Treasurer may issue a manual (the tax equivalents manual) about deciding the amounts (tax equivalents) that must be taken into account by a category 1 water authority in applying full cost pricing to its operations as the value of benefits derived by the authority if there is no liability to pay a government tax that would be payable by the authority if it were not a statutory authority. (2) Without limiting subsection (1), the tax equivalents manual may provide for the following-- (a) rulings by the tax assessor appointed under subsection (3) on issues about tax equivalents, including the application of rulings under a Commonwealth Act about Commonwealth tax; (b) lodging returns and giving information; (c) assessing returns; (d) the tax assessor's functions and powers; (e) objections and appeals against assessments and rulings. (3) The Treasurer may appoint a person to be the tax assessor under the tax equivalents manual. (4) A category 1 water authority must, as required under the tax equivalents manual, pay tax equivalents to the Minister for payment to the consolidated fund. (5) The Treasurer must table a copy of the tax equivalents manual, and each amendment of the manual, in the Legislative Assembly within 14 sitting days after the manual is issued or the amendment is made. 660 Payment of dividends (1) A category 1 water authority must advise the Minister of the recommendation that, in the light of the information then available to the authority, it is likely to make under subsection (3). (2) The authority must comply with subsection (1) within-- (a) 1 month after the end of each financial year; or (b) for a particular financial year, if the Minister has extended the period to a period not longer than 3 months after the end of the financial year, the extended period. (3) Within 4 months after the end of each financial year, the authority must recommend to the Minister that the authority pay a specified dividend to the State, or not pay a dividend, for the financial year. (4) The authority must consult with the Minister before making the recommendation. (5) Within 1 month after receiving the recommendation, the Minister must either-- (a) approve the recommendation; or (b) direct the payment to the State of the specified dividend or a different specified dividend, as the case requires. (6) The dividend for a financial year must not exceed the authority's profits, after-- (a) provision has been made for income tax or its equivalent; and (b) any unrealised capital gains from upwards revaluation of non- current assets have been excluded. (7) The dividend must be paid within 6 months after the end of the financial year or any further period the Minister allows. (8) The Minister must cause a copy of a direction given under subsection (5)(b) to be published in the gazette within 15 business days after the direction is given. 661 Interim dividends (1) The Minister, at any time after 1 January in a financial year, may require a water authority to make a recommendation about the payment of interim amounts to the State, including when the amounts are to be paid, on account of the dividend that may become payable under section 660 for the financial year. (2) Within 1 month after receiving notice of the requirement, the authority must make a recommendation to the Minister. (3) The Minister must, within 1 month after receiving the recommendation, either-- (a) approve the recommendation; or (b) direct the payment, at specified times, of specified amounts, or different specified amounts, on account of the dividend that may become payable for the financial year. (4) A direction under subsection (3)(b) must not direct the payment of an amount that exceeds the authority's estimated profit for the first 6 months of the financial year, after-- (a) provision has been made for income tax or its equivalent; and (b) any unrealised capital gains from upwards revaluation of non- current assets have been excluded. (5) The Minister must cause a copy of a direction under subsection (3)(b) to be published in the gazette within 15 business days after the direction is given. 662 Dividend payment for financial year in which water authority becomes a category 1 water authority For applying section 660 to a water authority for the financial year in which it became a category 1 water authority, a dividend payable by the authority is payable for, at the discretion of the Minister-- (a) the whole financial year; or (b) the part of the financial year for which it was a category 1 water authority. 663 Interim dividend for financial year in which water authority becomes a category 1 water authority (1) For applying section 661 to a water authority for the financial year in which it becomes a category 1 water authority-- (a) the period (the applicable period) in relation to which an interim dividend is payable is, at the discretion of the Minister-- (i) the first 6 months of the financial year; or (ii) the part of the 6 months for which it was a category 1 water authority; and (b) the Minister must, when acting under section 661(1) to require the authority to make a recommendation, also notify the authority of the applicable period. (2) However, when the Minister exercises the Minister's discretion under section 662(a), the Minister is not bound by an applicable period previously decided and notified under subsection (1). 675 Minister's power to notify water authority of public sector policies (1) The Minister may give a water authority notice of a public sector policy that is to apply to the authority if the Minister is satisfied it is necessary to give the notice in the public interest. (2) The water authority must comply with the policy. (3) Before giving the notice, the Minister must-- (a) consult with the water authority; and (b) ask the authority to advise whether, in its opinion, complying with the policy would not be in its financial interest. (4) The Minister must gazette a copy of the notice within 15 business days after it is given. 676 Minister's power to give directions in public interest (1) The Minister may give a water authority a written direction if the Minister is satisfied it is necessary to give the direction in the public interest because of exceptional circumstances. (2) The water authority must comply with the direction. (3) Before giving the direction, the Minister must-- (a) consult with the water authority; and (b) ask the authority to advise whether, in its opinion, complying with the direction would not be in its financial interest. (4) The Minister must gazette a copy of the direction within 15 business days after it is given. 678 Notice of suspected insolvency because of notice or direction (1) This section applies if-- (a) a water authority is given a notice about a public sector policy (a public sector policy notice) or direction under this part; and (b) the authority suspects that it will or may become insolvent; and (c) in the authority's opinion, the cause or a substantial cause of the suspected insolvency would be compliance with the public sector policy notice or direction. (2) The authority must immediately give the Minister notice of the suspicion and its reasons for the opinion. (3) The notice must state that it is given under this section. (4) The giving of the notice operates to suspend the public sector policy notice or direction until-- (a) the Minister gives the authority written advice that the Minister is not satisfied that-- (i) the authority's suspicion mentioned in subsection (1) (b) is well-founded; or (ii) the authority's opinion mentioned in subsection (1)(c) is justified; or (b) the public sector policy notice or direction is revoked. (5) If the authority was given a public sector policy notice or a direction, and the Minister is satisfied that the authority's suspicion is well-founded, the Minister must immediately-- (a) if the Minister is also satisfied that the authority's opinion is justified--revoke the public sector policy notice or direction; and (b) in any case--give the authority the written directions the Minister considers necessary or desirable, including any directions necessary or desirable to ensure-- (i) the authority does not incur further debts; or (ii) the authority will be able to pay all its debts as and when they become due. (6) Without limiting subsection (5), a direction under this section may require the authority to stop or limit particular activities. (7) The authority must comply with a direction under this section. (8) The Minister must publish a copy of the direction in the gazette within 15 business days after it is given. (9) This section is in addition to, and does not limit, another provision of this Act or another law. 690 Amalgamating water authorities and authority areas (1) A regulation may amalgamate 2 or more water authorities (former authorities) to form a new water authority. (2) The regulation must-- (a) name the new water authority; and (b) if the new water authority is to have an authority area--identify the area; and (c) dissolve the former authorities; and (d) if the former authorities had authority areas--dissolve the areas. (3) A regulation may amalgamate 2 or more former water areas-- (a) taken, under section 1083(2), to be authority areas; and (b) for which the chief executive continues to perform the functions of a water authority. (4) The regulation must-- (a) identify the new area; and (b) dissolve the former areas. 691 Dissolution of water a