• Specific Year
    Any

WATER ACT 2000 - As at 1 February 2024 - Act 34 of 2000

Table of Provisions

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

  • 1 Short title
  • 2 Purposes of Act and their achievement
  • 3 Act binds all persons

PART 2 - INTERPRETATION

  • 4 Definitions
  • 5 Meaning of watercourse
  • 5AA Watercourse etc. may be mapped
  • 5A Meaning of outer bank
  • 5B Declaration of outer bank
  • 6 Meaning of domestic purposes
  • 7 Meaning of principles of ecologically sustainable development

CHAPTER 1A - WATER SUPPLY EMERGENCIES AND RESTRICTIONS

PART 1 - WATER SUPPLY EMERGENCIES

Division 1 - Preliminary

10. (Repealed) 11. (Repealed) 12. (Repealed) 19. (Repealed) 20. (Repealed) 20A. (Repealed) 20B. (Repealed) 20C. (Repealed) 21. (Repealed) 22. (Repealed) 23. (Repealed) 24. (Repealed) 25. (Repealed)
  • 25A Meaning of water supply emergency

Division 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

Division 3 - Carrying out measures and achieving outcomes

Division 4 - Recovery of costs

  • 25O Recovery of costs incurred
  • 25P Recovery of contributions by the State
  • 25Q Queensland Competition Authority

Division 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

PART 2 - OBTAINING INFORMATION

  • 25Y Obtaining information from a service provider
  • 25Z. (Repealed)

PART 3 - 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. (Repealed)
  • 25ZE Restriction of subartesian water by water service provider

CHAPTER 2 - MANAGEMENT AND ALLOCATION OF WATER

PART 1 - WATER RIGHTS

Division 1 - Ownership of water

  • 26 Rights in all water vests in the State

Division 2 - Allowing use of water

  • 27 State may allow the use of water

Division 3 - Restricting use of water

Subdivision 1 - Restrictions for contamination and water shortages
  • 28 Limiting or prohibiting taking, or interfering with, water during contamination or water shortages
  • 29 Limiting water taken under water licence, water permit or water allocation
  • Subdivision 2 - Moratorium notices
  • 30 Moratorium notices
  • 31 Effect of moratorium notice
  • 32 Offence to contravene moratorium notice
  • 33 Application to vary effect of moratorium notice
  • 34 Reviewing and replacing moratorium notices
  • 34A. (Repealed) 34D. (Repealed)

Division 4 - Collecting information about water

  • 35 Obtaining water information
  • 36 Notice of works and water use
  • 36A. (Repealed)

PART 2 - WATER PLANNING

Division 1 - Planning by the State

  • 37 Planning for the management of water
  • 38 Information for planning
  • 38A. (Repealed)

Division 1A - (Repealed)

Division 2 - Matters for and related to regulation

Subdivision 1 - Matters for regulation
  • 39 Matters for regulation
  • Subdivision 2 - Release of unallocated water—volume stated in water plan or prescribed by regulation
  • 40 Chief executive may release unallocated water
  • Subdivision 3 - Temporary release of water from strategic water infrastructure reserve
  • 40A Chief executive may temporarily release water from reserve
  • 40B Deciding whether to release water from reserve and considerations for the release
  • 40C When water returns to reserve

Division 3 - Water plans

  • 41 What is a water plan
  • 42 Minister may prepare a water plan
  • 43 Contents of a water plan
  • 44 Preliminary public consultation
  • 45 Making draft water plan
  • 46 Publishing draft water plan
  • 47 Decision about finalising water plan
  • 48 Effect of a water plan
  • 49 Report on water plan
  • 49A. (Repealed)
  • 50 Amending or replacing a water plan
  • 50A. (Repealed)
  • 51 Preparing an amendment or replacement of water plan
  • 52. (Repealed) 52A. (Repealed) 52B. (Repealed)
  • 53 Expiry of water plan
  • 54 Postponement of expiry of water plan if water plan is not being replaced
  • 55 Postponement of expiry of water plan while water plan is being replaced
  • 56 Publication of new expiry date for plan

Division 4 - Water use plans

  • 57 Minister may prepare water use plan
  • 58 What is a water use plan
  • 59 Contents of water use plans
  • 60 Making draft water use plan
  • 61 Publishing draft water use plan
  • 62 Decision about finalising water use plan
  • 63 Effect of water use plan
  • 64 Public notice of content of water use plan
  • 65 Amending or replacing a water use plan
  • 66 Preparing an amendment or replacement of a water use plan

Division 5 - Water management protocols

  • 67 What is a water management protocol
  • 68 Making a water management protocol
  • 69 Amending or replacing a water management protocol

Division 6 - Water entitlement notice

  • 70 What is a water entitlement notice
  • 71 Making a water entitlement notice
  • 72 Draft water entitlement notice
  • 73 Additional requirements for notices for draft water entitlement notices that establish water allocations
  • 74 Reviewing submissions about draft water entitlement notice
  • 74A. (Repealed)
  • 75 Finalising water entitlement notice
  • 76 Effect of water entitlement notice
  • 77 Publication of approved water entitlement notice
  • 78 When water entitlement notice ceases to have effect
  • 78A. (Repealed) 78B. (Repealed)

Division 7 - (Repealed)

PART 3 - HOW STATE AUTHORISES TAKE OR INTERFERENCE WITH WATER

Division 1 - Statutory authorisation to take or interfere with water

Subdivision 1 - Authorisations that may not be limited by water planning instrument
  • 93 General authorisations to take water
  • 94 General authorisations to interfere with water
  • 95 Aboriginal and Torres Strait Islander parties
  • 96 Land owners may take water for stock or domestic purposes
  • 97 Environmental authorities
  • 98 Resource activities
  • 99 Constructing authorities and water service providers
  • 99A. (Repealed) Subdivision 2 - Authorisations that may be limited by water planning instrument or regulation
  • 100 How this subdivision applies
  • 101 Authorisation that may be altered or limited by water planning instrument
  • 102 Authorisations under water plans or regulation
  • 103 Authorisation to take water for stock or domestic purposes may be limited

Division 2 - Water licences

Subdivision 1 - Preliminary
  • 104 Definitions for div 2
  • 104A. (Repealed) 104B. (Repealed) 104C. (Repealed) 104D. (Repealed)
  • 105 Purpose of div 2
  • 105A. (Repealed)
  • 106 What is a water licence
  • 106AA. (Repealed) 106A. (Repealed) Subdivision 2 - Obtaining a water licence
  • 107 Applying for a water licence
  • 107A. (Repealed) 107B. (Repealed) 107C. (Repealed)
  • 108 Applying for transmission water licence
  • 108A. (Repealed) 108B. (Repealed) 108C. (Repealed)
  • 109 When application may not be made
  • 110 When application may be made
  • 111 Additional information may be required
  • 111A. (Repealed)
  • 112 Public notice of application for water licence
  • 113 Criteria for deciding application for water licence
  • 114 Deciding application for water licence
  • 115 Effect of disposal of part of land to which application for water licence relates
  • 115A. (Repealed)
  • 116 Granting a water licence under a process in a plan or regulation
  • Subdivision 3 - Contents, terms and conditions of water licences
  • 117 Contents of water licence
  • 118 Conditions of water licence
  • 118A. (Repealed)
  • 119 Where water under certain licences must be used
  • 119A. (Repealed) 119B. (Repealed) 119C. (Repealed) 119D. (Repealed) Subdivision 4 - Dealings with water licences
  • 120 What are dealings with water licences
  • 120B. (Repealed)
  • 121 Who may apply for dealing with water licence
  • 121A. (Repealed)
  • 122 How to apply for dealing with water licence
  • 122A. (Repealed)
  • 123 Application to amend water licence to add or remove land
  • 124 Water licence remains in force until application for renewal decided
  • 125 Application to reinstate expired water licence
  • 126 Application to relocate water licence
  • 127 Application for a seasonal water assignment
  • 127A. (Repealed) 127B. (Repealed) 127C. (Repealed)
  • 128 Additional information may be required for application for dealings
  • 128A. (Repealed) 128B. (Repealed)
  • 129 When chief executive must refuse application
  • 129A. (Repealed)
  • 130 When application for dealing must be assessed as application for new water licence
  • 131 Recording other dealings
  • 131A Effect of disposal of part of land relating to particular dealing with water licence
  • 132 Actions chief executive may take in relation to water licences
  • 133 Actions chief executive must take in relation to water licences
  • 134 Amendment of water licence after show cause process
  • 135 Cancellation of water licence
  • 136 Surrender of a water licence
  • Subdivision 5 - (Repealed) Subdivision 6 - (Repealed)

Division 3 - Water permits

  • 137 Applying for water permit
  • 137A Additional information may be required
  • 138 Criteria for deciding application for water permit
  • 139 Deciding application for water permit
  • 140 Contents of water permit
  • 141 Conditions of water permit
  • 142 Cancelling water permit

Division 4 - Water allocations

Subdivision 1 - Preliminary
  • 143 Meaning of element of a water allocation
  • 144 Meaning of maximum rate for div 4
  • 145 Meaning of volumetric limit for div 4
  • Subdivision 2 - Converting water entitlements and granting water allocations
  • 146 Converting water entitlements
  • 146A. (Repealed) 146B. (Repealed)
  • 147 Granting water allocations under a process in a plan
  • 148 Relationship between water plans and water allocation
  • 149 Security for supply and storage of water allocation
  • 150 Amending water allocations
  • 150A. (Repealed) 150B. (Repealed)
  • 151 Correcting water allocation when recording the granting or amending
  • 152 Registration details for water allocations
  • 153 Water allocations to which a distribution operations licence applies
  • 154 Preservation of obligation in particular circumstances
  • 155 Disclosure to proposed transferee or lessee of water allocation to which distribution operations licence applies
  • Subdivision 3 - Dealings with water allocations
  • 156 Meaning of water allocation dealing
  • 157 Transfers or leases of water allocations not managed under a resource operations licence
  • 158 Water allocation dealing rules
  • 159 Applying for water allocation dealing consistent with water allocation dealing rules
  • 160 Form and validity of certificate
  • 161 Registering approved application for a water allocation dealing
  • 162 Water allocations may be surrendered
  • 163 Cancelling water allocations
  • 164 Water allocations may be forfeited
  • 165 Dealing with water allocations granted or dealt with through fraud
  • 166 Priority for applying proceeds of sale of water allocations under a power of sale
  • Subdivision 4 - Registering interests and dealings for water allocations
  • 167 Registrar
  • 167A. (Repealed)
  • 168 Water allocations register
  • 169 Form of register
  • 169A Delegations by registrar
  • 169B Use of registrar’s title
  • 170 Interests and dealings that may be registered
  • 171 Effect on priority of notices given under s 73(1)(b)
  • 172 Effect on priority of notices given under s 73(1)(c)
  • 173 Application of Land Title Act 1994 to water allocations register
  • 174 Application of other Acts to the water allocations register
  • 175 Searching water allocations register

Division 5 - Resource operations licences and distribution operations licences

Subdivision 1 - Nature and content of resource operations licences and distribution operations licences
  • 176 What is a resource operations licence
  • 177 What is a distribution operations licence
  • 178 Nomination and approval of entity as distribution operations licence holder
  • 179 Content of a resource operations licence or distribution operations licence
  • Subdivision 2 - Granting or amending resource operations licence or distribution operations licence
  • 180 Chief executive may grant a resource operations licence or distribution operations licence without application
  • 181 Application for resource operations licence or distribution operations licence
  • 182 Deciding application for resource operations licence or distribution operations licence
  • 183 Chief executive must amend a resource operations licence or distribution operations licence for consistency with water plan
  • 184 Holder may apply to amend resource operations licence or distribution operations licence
  • 184A Procedure if request is made under s 183(5) or 184(6) to refer proposed change to rules to referral panel
  • 185 Chief executive may amend resource operations licence or distribution operations licence in an emergency
  • 185A. (Repealed)
  • 186 Minor, stated or agreed amendments of resource operations licence or distribution operations licence
  • 186A. (Repealed) 186B. (Repealed) Subdivision 3 - Transferring, amalgamating and cancelling resource operations licences or distribution operations licences
  • 187 Applying for transfer of licence
  • 188 Additional requirements for transfer of distribution operations licence to nominee
  • 189 Additional information may be required
  • 190 Deciding application to transfer licence
  • 191 Approving application to transfer licence
  • 192 Refusing application to transfer licence
  • 193 Amalgamating licences
  • 194 Cancelling licence
  • 195 Procedure for cancelling licence
  • 196 Cancelling licence no longer required
  • Subdivision 4 - Operations manuals
  • 197 Requirement to have an operations manual
  • 197A. (Repealed)
  • 198 Approval of operations manual
  • 198A. (Repealed)
  • 199 Resolving disputes about approval of operations manual
  • 199A. (Repealed) 199B. (Repealed)
  • 200 Application to amend or replace operations manual
  • 201 Operations manual must remain consistent with water plan, resource operations licence and distribution operations licence
  • Subdivision 5 - Audit reports
  • 202 Preparing regular audit reports
  • 203 Access for conducting a relevant audit

Division 5A - Minister or chief executive may give direction to take action about water quality issue

  • 203A Application of division
  • 203B Direction to take action or direction not to take action
  • 203C Deciding whether to give direction and deciding content of direction
  • 203D Direction must be complied with
  • 203E Protection of relevant entity
  • 203F Protection of State and official from liability
  • 203G Report by official

Division 6 - Operations licences

Subdivision 1 - Preliminary
  • 204 Purpose of div 6
  • 205 Application of div 6
  • Subdivision 2 - Granting operations licences
  • 206 Applying for operations licence
  • 206A. (Repealed)
  • 207 Additional information may be required
  • 208 Criteria for deciding application for operations licence
  • 209 Deciding application for operations licence
  • 210 Conditions of operations licence
  • Subdivision 3 - Dealings with operations licences
  • 211 Amending operations licences on application of licensee
  • 211A. (Repealed)
  • 212 Giving show cause notice about proposed amendment of operations licence
  • 212A. (Repealed)
  • 213 When chief executive must amend operations licence
  • 213A. (Repealed)
  • 214 Minor amendment of operations licence
  • 215 Transferring operations licence
  • 216 Surrendering operations licence
  • 216A. (Repealed)
  • 217 Cancelling operations licence

PART 4 - RIVERINE PROTECTION

Division 1 - Granting permits for destroying vegetation, excavating or placing fill in a watercourse, lake or spring

  • 218 Applying for permit to destroy vegetation, excavate or place fill in a watercourse, lake or spring
  • 219 Additional information may be required
  • 220 Criteria for deciding application
  • 221 Deciding application

Division 2 - Dealings with riverine protection permits

  • 222 Amending conditions or cancelling permit
  • 223 Deciding whether to proceed with proposed cancellation or amendment
  • 224 Immediate suspension of riverine protection permit in exceptional circumstances

Division 3 - Notices

  • 225 Notice to owner of land to remove vegetation etc.

Division 4 - (Repealed)

Division 5 - (Repealed)

Division 6 - (Repealed)

PART 5 - QUARRY MATERIALS

Division 1 - Preliminary

  • 226 Ownership and management of certain quarry material

Division 2 - Granting and selling allocations of quarry material

  • 227 Applying for allocation of quarry material
  • 228 Additional information may be required
  • 229 Criteria for deciding application for allocation of quarry material
  • 229A. (Repealed) 229B. (Repealed) 229C. (Repealed) 229D. (Repealed) 229E. (Repealed)
  • 230 Deciding application for allocation of quarry material
  • 231 Selling allocation of State quarry material by auction or tender

Division 3 - Content and conditions of allocation notices

  • 232 Content of allocation notices
  • 233 Conditions of allocation notices
  • 234 Financial assurance for allocation of quarry material

Division 4 - Dealings with allocations of quarry material

  • 235 Transferring allocation of quarry material
  • 236 Renewing allocations of quarry material
  • 236A. (Repealed)
  • 237 Amending, suspending or cancelling allocation notice
  • 238 Deciding whether to proceed with proposed amendment, suspension or cancellation of allocation notice
  • 239 Surrendering allocation notice

Division 5 - General

  • 240 Royalty or price for State quarry material

PART 6 - MISCELLANEOUS

  • 241 Referral panels
  • 242 Minister may direct chief executive to establish referral panel
  • 243. (Repealed) 244. (Repealed) 245. (Repealed)

PART 7 - (Repealed)

PART 8 - (Repealed)

PART 9 - (Repealed)

PART 10 - (Repealed)

PART 11 - (Repealed)

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 - WATER SECURITY PLANNING

Division 1 - Designation of regions and nomination of water service providers

  • 342 Designation of regions
  • 343 Nomination of water service providers
  • 343A. (Repealed)

Division 2 - Desired level of service objectives

  • 344 Desired level of service objectives
  • 345 Public notice about proposed desired level of service objectives
  • 346 Chief executive must consider properly made submissions
  • 347 Report on desired level of service objectives
  • 348 Review of desired level of service objectives

Division 3 - Water security program

Subdivision 1 - Preliminary 348A. (Repealed)
  • 349 Definition for div 3
  • Subdivision 2 - Requirement for water security program
  • 350 Bulk water supply authority to have water security program
  • 351 Nominated water service providers to have water security program
  • 352 Particular water service providers to have water security program
  • 353 Content of water security program
  • Subdivision 3 - Preparing and finalising water security program
  • 354 Preparing draft water security program
  • 355 Consultation for draft water security program
  • 356 Chief executive to review draft water security program
  • 357 Special procedures for draft water security program if changes recommended
  • 358 Finalisation and publication of water security program
  • Subdivision 4 - Review and amendment of water security program
  • 359 Review of water security program
  • 360 Amendment of water security program
  • 360A Procedure for amending water security program
  • Subdivision 5 - Miscellaneous provision 360AA. (Repealed) 360AB. (Repealed) 360AC. (Repealed) 360AD. (Repealed) 360AE. (Repealed) 360AF. (Repealed)
  • 360B Designated water security entity not required to prepare drought management plan under Water Supply Act

Division 4 - (Repealed)

Division 4A - (Repealed)

Division 5 - (Repealed)

Division 6 - (Repealed)

Division 7 - (Repealed)

PART 3 - ARRANGEMENTS FOR SEQ REGION

Division 1 - Preliminary

  • 360C Definitions for pt 3
  • 360D Operation of pt 3
  • 360E Application of pt 3
  • 360F Obtaining information
  • 360FA. (Repealed) 360FB. (Repealed) 360FC. (Repealed)

Division 2 - Bulk water supply agreements

  • 360G Making agreement
  • 360H Bulk water party may amend non-mandatory terms of agreement
  • 360I Minister’s direction about agreement amendment
  • 360J Offence to fail to comply with Minister’s direction about agreement amendment
  • 360K Record of bulk water supply agreements
  • 360L Liability of bulk water parties

Division 3 - Bulk water supply code

Subdivision 1 - General provisions about code
  • 360M Minister’s power to make code
  • 360N Content of code—costs and prices
  • 360O Content of code—general
  • 360P When code takes effect
  • 360Q Tabling of code
  • 360R Publication of code
  • 360S Compliance with code
  • 360T Civil liability not affected by code
  • 360TA. (Repealed) Subdivision 2 - Process for making or amending code
  • 360U Consultation for code

Division 4 - Supply of bulk services

  • 360V Supply under bulk water supply agreement
  • 360W Minister may decide cost or price
  • 360X Amended cost or price
  • 360Y Limitation of review
  • 360Z Minister’s direction about bulk services supplied by SEQ service provider
  • 360ZA. (Repealed) 360ZB. (Repealed) 360ZC. (Repealed) 360ZCA. (Repealed) 360ZCAA.(Repealed) 360ZCAB.(Repealed) 360ZCAC.(Repealed) 360ZCAD.(Repealed) 360ZCB. (Repealed) 360ZCC. (Repealed) 360ZCD. (Repealed) 360ZCE. (Repealed) 360ZCF. (Repealed) 360ZCG. (Repealed) 360ZCH. (Repealed) 360ZCI. (Repealed) 360ZCJ. (Repealed) 360ZCK. (Repealed) 360ZCKA.(Repealed) 360ZCKB.(Repealed) 360ZCKC.(Repealed)

PART 4 - (Repealed)

PART 5 - (Repealed)

PART 5A - (Repealed)

PART 6 - (Repealed)

PART 7 - (Repealed)

CHAPTER 3 - UNDERGROUND WATER MANAGEMENT

PART 1 - PRELIMINARY

Division 1 - Interpretation

  • 361 Purpose of ch 3
  • 362 Definitions for ch 3
  • 363 Water bores to which ch 3 applies
  • 364 References in ch 3 to resource tenures and holders of resource tenures if the tenure ends

Division 2 - Cumulative management areas

  • 365 Declaring cumulative management areas

Division 3 - General obligations of resource tenure holders

  • 366 Obligation to use best endeavours to obtain approvals
  • 367 Obligation to use best endeavours to obtain information

PART 2 - REPORTING

Division 1 - Preliminary

  • 368 Who is a responsible entity
  • 369 Who is a responsible tenure holder
  • 369A Application of pt 2

Division 2 - Underground water impact reports

  • 370 Obligation to give underground water impact report
  • 370A When obligation to give underground water impact report does not apply—exemption for low risk resource tenures
  • 370B When obligation to give further underground water impact report does not apply
  • 371 When obligation to give underground water impact report does not apply—notice of closure

Division 2A - (Repealed)

Division 3 - Notices of closure and final reports

  • 372 Obligation to give notice of closure—general
  • 373 Obligation to give notice of closure—relevant events
  • 374 Obligation to give final report
  • 375 When obligation to give final report does not apply

Division 4 - Requirements for underground water impact reports and final reports

Subdivision 1 - Content
  • 376 Content of underground water impact report
  • 376A. (Repealed) 376B. (Repealed)
  • 377 Content of final report
  • 378 Content of water monitoring strategy
  • 379 Content of spring impact management strategy
  • 380 Identifying responsible tenure holders for cumulative management areas
  • Subdivision 2 - Consultation by responsible entity
  • 381 Requirement for consultation
  • 382 Public notice and copies of report
  • 383 Submissions summary

Division 5 - Approval of report by chief executive

  • 384 Modifying report before approval
  • 384A. (Repealed)
  • 385 Decision on report
  • 386 Publishing approval and making report available

Division 6 - Provisions about approved reports

  • 387 Approved underground water impact report or final report establishes immediately affected and long-term affected areas
  • 387A. (Repealed) 387B. (Repealed) 387C. (Repealed) 387D. (Repealed) 387E. (Repealed)
  • 388 Effect of approved underground water impact report
  • 388A. (Repealed)
  • 389 Effect of approved final report
  • 390 Compliance with approved reports

Division 7 - Amending approved reports

  • 391 Minor or agreed amendments of approved report
  • 392 Direction to propose amendment and consult on proposal
  • 393 Other amendments

PART 3 - BASELINE ASSESSMENTS

Division 1 - Preliminary

  • 394 What is a baseline assessment
  • 394A Application of pt 3
  • 395 Chief executive may make guidelines
  • 396 Method of undertaking baseline assessment

Division 1A - (Repealed)

Division 1B - (Repealed)

Division 2 - Preparing and approving baseline assessment plans

  • 397 Obligation to prepare baseline assessment plan
  • 398 Requirements for baseline assessment timetable
  • 398A. (Repealed)
  • 399 Approval of baseline assessment plan
  • 400 Compliance with approved baseline assessment plan

Division 2A - (Repealed)

Division 2C - (Repealed)

Division 3 - Amending approved baseline assessment plans

  • 401 Application to amend

Division 4 - Miscellaneous

  • 402 Direction by chief executive to undertake baseline assessment
  • 403 Notice of intention to undertake baseline assessment
  • 404 Bore owner must give information
  • 405 Notice of outcome of baseline assessment

Division 5 - (Repealed)

PART 4 - GENERAL AGREEMENTS ABOUT WATER BORES

  • 406 Obligation to negotiate general agreement
  • 407 Effect of an agreement under this part
  • 407A. (Repealed) 407B. (Repealed)

PART 5 - MAKE GOOD OBLIGATIONS FOR WATER BORES

Division 1 - Preliminary

  • 408 Definition for pt 5
  • 409 Make good obligations for water bores
  • 410 Who must comply with make good obligations

Division 2 - Bore assessments

Subdivision 1 - Preliminary
  • 411 What is a bore assessment
  • 412 When does a water bore have an impaired capacity
  • 413 Chief executive may make guidelines
  • 414 Method of undertaking bore assessment
  • 414A. (Repealed) 414B. (Repealed) 414C. (Repealed) 414D. (Repealed) 414E. (Repealed) 414F. (Repealed) 414G. (Repealed) 414H. (Repealed) 414I. (Repealed) 414J. (Repealed) 414K. (Repealed) 414L. (Repealed) 414M. (Repealed) 414N. (Repealed) Subdivision 2 - Obligations relating to bore assessments
  • 415 Notice of intention to undertake bore assessment
  • 416 Bore owner must give information
  • Subdivision 3 - Obligations to undertake bore assessments
  • 417 Obligation to undertake bore assessment of immediately affected area bore in particular circumstances
  • 418 Direction by chief executive to undertake bore assessment
  • 419 Notice of outcome of bore assessment

Division 3 - Make good agreements

Subdivision 1 - Preliminary
  • 420 What is a make good agreement for a water bore
  • 420A. (Repealed) 420B. (Repealed)
  • 421 What is a make good measure for a water bore
  • 422 Persons bound by make good agreement
  • Subdivision 2 - Requirements to enter into make good agreements
  • 423 Requirement to enter into make good agreement and reimburse bore owner
  • 423A Termination of make good agreement during cooling-off period
  • Subdivision 3 - Obligation to negotiate variation of make good agreements
  • 424 Negotiating variation of make good agreement

Division 4 - Disputes about make good obligations

Subdivision 1 - Preliminary
  • 425 Application of div 4
  • 426 Parties may seek conference or independent ADR
  • 427 Duration of conference or ADR
  • Subdivision 2 - Calling conference and attendance
  • 428 Calling conference
  • 429 Who may attend conference
  • 429A. (Repealed) 429B. (Repealed) 429C. (Repealed) 429D. (Repealed) 429E. (Repealed) 429F. (Repealed) 429G. (Repealed) 429H. (Repealed) 429I. (Repealed) 429J. (Repealed) 429K. (Repealed) 429Q. (Repealed) 429R. (Repealed) 429S. (Repealed) 429T. (Repealed)
  • 430 What happens if a party does not attend
  • Subdivision 3 - Conduct of conference
  • 431 Authorised officer’s role
  • 432 Statements made at conference
  • 433 Negotiated agreement
  • Subdivision 3A - Arbitration
  • 433A Parties may request arbitration
  • 433B Arbitrator’s functions
  • 433D Application of Commercial Arbitration Act 2013
  • 433E Costs of arbitration
  • 433F Effect of arbitrator’s decision
  • Subdivision 4 - Land Court decision on dispute
  • 434 Deciding dispute through Land Court after unsuccessful conference or ADR
  • 435 Provisions for making decision
  • 436 Provisions for deciding any compensation
  • Subdivision 5 - Successors and assigns
  • 437 Land Court’s decision binds successors and assigns
  • 437A Arbitrator’s decision binding on successors and assigns

PART 6 - END OF TENURE PROVISIONS

  • 438 Application of make good obligations to particular bores
  • 439 Continuation of underground water obligations
  • 440 Resource tenure holder may start complying with make good obligations before final report approved
  • 441 Right of entry after resource tenure ends to comply with particular obligations

PART 7 - (Repealed)

PART 8 - DIRECTIONS BY CHIEF EXECUTIVE

Division 1 - Direction to undertake water monitoring activities

  • 448 Application of div 1
  • 449 Chief executive may direct resource tenure holder to carry out water monitoring activities

Division 2 - Emergency directions

  • 450 Application of div 2
  • 451 Power to give direction
  • 452 Offence to fail to comply with direction
  • 453 Chief executive may take action and recover costs

Division 3 - Other directions

  • 454 Directions to resource tenure holders and bore owners to give information

CHAPTER 3A - OFFICE OF GROUNDWATER IMPACT ASSESSMENT

PART 1 - GENERAL PROVISIONS ABOUT THE OFFICE

Division 1 - Establishment

  • 455 Establishment

Division 2 - Functions and powers

  • 456 Functions of office
  • 457 General powers of office
  • 458 Advice to chief executive
  • 459 Office to keep and maintain database
  • 460 Obtaining information about underground water from resource tenure holders
  • 461 Advisory bodies

Division 3 - Membership of the office

  • 462 Membership of office

Division 4 - Staff of the office

Subdivision 1 - Manager of the office
  • 463 Manager of the office
  • 464 Appointment of manager
  • 465 Eligibility for appointment
  • 466 Term of appointment
  • 467 Functions of the manager
  • 468 Powers of the manager
  • 469 Independence in performing functions
  • 470 Manager not to engage in other paid employment
  • 471 Vacancy in office of manager
  • 472 Termination of appointment
  • 473 Delegation
  • 474 Preservation of rights as public service officer
  • 475. (Repealed) Subdivision 2 - Other staff of the office
  • 476 Office staff
  • 477 Alternative staffing arrangements

PART 2 - FUNDING FOR OFFICE

  • 478 Groundwater Impact Assessment Fund
  • 479 Annual levy for underground water management
  • 479A Recovery of levy
  • 480 Payment of amounts into Groundwater Impact Assessment Fund
  • 481 Payment of amounts from Groundwater Impact Assessment Fund
  • 482 Administration of Groundwater Impact Assessment Fund

PART 3 - MISCELLANEOUS PROVISIONS

  • 483 Public access to database
  • 484 Resource tenure holder access to information
  • 485 Chief executive’s access to information
  • 486. (Repealed) 487. (Repealed) 488. (Repealed) 489. (Repealed) 490. (Repealed) 491. (Repealed) 492. (Repealed) 493. (Repealed) 494. (Repealed) 495. (Repealed) 496. (Repealed) 497. (Repealed) 498. (Repealed) 499. (Repealed) 500. (Repealed) 514. (Repealed) 515. (Repealed) 516. (Repealed) 517. (Repealed) 518. (Repealed) 519. (Repealed) 520. (Repealed)

CHAPTER 4 - WATER AUTHORITIES

PART 1 - PRELIMINARY

  • 542 Purposes of ch 4

PART 2 - 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
  • 552. (Repealed) 553. (Repealed) 554. (Repealed) 555. (Repealed)

Division 2 - Procedure

  • 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. (Repealed)
  • 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 and related matters

  • 597 Board of directors
  • 598 Role of board
  • 598A. (Repealed)
  • 599 Number of directors
  • 600 Appointment
  • 601 Chairperson
  • 602 Disqualification as director
  • 603 Criminal history report
  • 603A. (Repealed) 603B. (Repealed)
  • 604 Term
  • 604A. (Repealed)
  • 605 Resignation
  • 606 Suspension and removal of director
  • 607 Vacancy in office
  • 608 Acting director
  • 609 Category 2 water authority board must seek and nominate suitable candidates
  • 609A Removal of all directors of board
  • 609B Administration of water authority if no 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

  • 619A Application
  • 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 - (Repealed)

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 - (Repealed)

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. (Repealed) 663. (Repealed)

PART 6 - RESERVE POWERS OF MINISTER

  • 675 Minister’s power to notify water authority of public sector policies
  • 676 Minister’s power to give directions in public interest
  • 677 (Expired)
  • 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

Subdivision 1 - General procedure
  • 690 Amalgamating water authorities and authority areas
  • 691 Dissolution of water authority and authority area
  • 691A Distribution contract applying for particular water allocations
  • 692 Public notice of proposed amalgamation or dissolution
  • 693. (Repealed)
  • 694 Considering submissions on proposed amalgamation or dissolution
  • Subdivision 2 - Additional procedures for conversion to an alternative institutional structure
  • 695 Water authority may request its dissolution
  • 695A Closed water activity agreement
  • 696 Procedure before authority is dissolved to convert to alternative institutional structures
  • Subdivision 3 - Other matters
  • 697 Recovering amalgamation or dissolution costs
  • 698. (Repealed) 699. (Repealed) 700. (Repealed)

Division 2 - Transferring water authority’s functions to local government

  • 700A Process for transfer

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
  • 706 Non-liability for State taxes
  • 707 Water authority to help local government for transfer

PART 8 - MISCELLANEOUS

  • 717 Recovering water authority’s establishment costs

CHAPTER 4A - DECLARED CHANNEL SCHEMES

PART 1 - PRELIMINARY

  • 718 Definitions for chapter
  • 719 What is a declared project
  • 720 What is a declared channel scheme
  • 721 What is an irrigation entity
  • 722 Minister may declare transfer day for declared channel scheme

PART 2 - PARTICULAR MINISTERIAL POWERS RELATING TO DECLARED PROJECTS

  • 723 Transfer notice
  • 724 Project direction

PART 3 - INTERESTS IN LAND

PART 4 - EMPLOYEES

  • 737 What is the employee register for a declared channel scheme
  • 738 Who is a transferable employee
  • 738A Transfer of transferable employees
  • 738B Preservation of rights of transferable employees
  • 738C Individual contracts of employment

PART 5 - WATER SERVICE PROVIDER PROVISIONS

  • 738D Application of part
  • 738E Irrigation entity becomes water service provider
  • 738F No notice to regulator required
  • 738G Migration of customers

PART 6 - DISTRIBUTION OPERATIONS LICENCES, WATER ALLOCATIONS AND PARTICULAR CONTRACTS

  • 738H Issuing of distribution operations licence to irrigation entity
  • 738I Supply contracts applying for particular water allocations
  • 738J Power to charge fees for drainage services under supply contract
  • 738JA Bulk water contracts
  • 738JB Drainage contracts

PART 7 - OTHER AUTHORITIES

PART 8 - DIVESTMENT

  • 738M Application of part
  • 738N Providing irrigation services not a monopoly business activity
  • 738O Application of Co-operatives National Law (Queensland)
  • 738P Notifiable event for Auditor-General Act 2009

PART 9 - OTHER MATTERS FOR DECLARED PROJECTS

  • 738Q Duty to facilitate declared projects
  • 738R Confidentiality agreement with irrigation entity
  • 738S Disclosure and use of information for declared project
  • 738T Non-liability for State taxes, charges or fees
  • 738U Disposal of public records
  • 738V Application of instruments
  • 738W Documents applying to SunWater and an irrigation entity
  • 738X Registering authority to note transfer or other dealing
  • 738Y Act applies despite other laws and instruments
  • 738Z Excluded matter for Corporations Act
  • 738ZA Effect on legal relationships
  • 738ZB Approval under Government Owned Corporations Act 1993, s 139
  • 738ZC Things done under chapter
  • 738ZD Limitation of review
  • 738ZE Severability

PART 10 - MISCELLANEOUS

PART 11 - (Expired)

PART 12 - EXPIRY AND SAVINGS PROVISIONS

  • 738ZJ Expiry of chapter
  • 738ZK Saving of operation of chapter

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
  • 748A. (Repealed)
  • 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
  • 778. (Repealed)

PART 2 - ENFORCEMENT MATTERS

Division 1 - Show cause and compliance notices

  • 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
  • 808A Taking water in excess of volume or rate allowed under water entitlement
  • 809 Using water contrary to water use plan
  • 810. (Repealed)
  • 811 Tampering with devices
  • 812 Contravening conditions of water entitlement, seasonal water assignment notice or water permit
  • 812A. (Repealed) 812B. (Repealed)
  • 813 Contravening licence condition
  • 814 Destroying vegetation, excavating or placing fill without permit
  • 815 Removing quarry material
  • 816 Unauthorised water bore drilling 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 2 - (Repealed)

Division 3 - General offences

  • 825 False or misleading statements
  • 826 False or misleading documents
  • 827 Obstructing and impersonating authorised officers
  • 828 Executive officer may be taken to have committed offence
  • 829 Persons taken to have committed particular offences

CHAPTER 6 - REVIEWS AND APPEALS

PART 1 - INTERPRETATION

  • 851 Who is an interested person

PART 2 - INTERNAL REVIEW OF DECISIONS

  • 861 Appeal or external review 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 AND EXTERNAL REVIEWS

  • 877 Who may appeal or apply for external review
  • 878 Starting an appeal to the Land Court
  • 879 Staying operation of review decision
  • 880 Hearing procedures
  • 881 Assessors
  • 882 Powers of court on appeal

PART 4 - (Repealed)

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
  • 957. (Repealed) 958. (Repealed)
  • 959 Displacement provision for Corporations legislation

PART 2 - RELATIONSHIP WITH PLANNING ACT

Division 1 - Particular development applications and change applications

Subdivision 1 - Requirements for particular development applications and change applications
  • 966 Particular applications for removal of quarry material
  • 966A. (Repealed) 966B. (Repealed) 966C. (Repealed)
  • 967 Applications for levees
  • Subdivision 2 - (Repealed) Subdivision 3 - (Repealed) Subdivision 4 - Miscellaneous
  • 972B When appeal may be made to Land Court

Division 2 - Development permits and development approvals

972C. (Repealed)
  • 972D Additional rights for permits for operational work
  • 972E. (Repealed) 972F. (Repealed)

Division 3 - Directions by chief executive

Subdivision 1 - Direction powers
  • 972G Relationship with Planning Act
  • 972H Modification or removal of works
  • 972I Removal of quarry material
  • 972J Modification or removal of levees
  • Subdivision 2 - Effect of directions
  • 972K Application of sdiv 2
  • 972L Direction is a compliance notice
  • 972M When direction takes effect
  • 972N Direction prevails over development permit
  • 972O Offence to fail to comply with direction

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 2B - WATER BORE DRILLERS

Division 1 - Granting water bore driller’s licences

  • 981 Applying for water bore driller’s licence
  • 982 Additional information may be required
  • 983 Deciding application for water bore driller’s licence
  • 983A Conditions of water bore driller’s licence

Division 2 - Dealings with water bore driller’s licences

  • 983B Applying to amend water bore driller’s licence
  • 983C Giving show cause notice about proposed amendment of water bore driller’s licence
  • 983D Deciding proposed amendment of water bore driller’s licence
  • 983E Minor or stated amendments of water bore driller’s licence
  • 983F Renewing water bore driller’s licence
  • 983G Reinstating expired water bore driller’s licence
  • 983H Suspending water bore driller’s licence
  • 983I Cancelling water bore driller’s licence

Division 3 - General

  • 983J Production of licence to authorised officer
  • 983K Failure to return suspended, cancelled or expired licence
  • 983L Records of water bores drilled
  • 983M Replacing lost or destroyed water bore driller’s licence

PART 3 - COMPENSATION

Division 1 - Preliminary

Division 2 - Particular water allocation owners

  • 986 Particular reductions in allocation’s value

Division 3 - Particular water access entitlement owners

Subdivision 1 - Preliminary
  • 986A Application of div 3
  • Subdivision 2 - Compensation for particular changes for the environmental update purpose
  • 986B Compensation entitlement
  • 986C Designated plans and replacements
  • 986D Prescribed area plans
  • 986E Interim water resource plans
  • Subdivision 3 - Compensation for particular policy changes
  • 986F Compensation entitlement
  • Subdivision 4 - Restrictions on compensation entitlement
  • 986G Restrictions

Division 4 - Miscellaneous provisions

  • 986H Regulation-making power
  • 986I Water plan to identify particular changes
  • 986J Making water management plans by declaration
  • 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 - SEQWATER

  • 992B Application of pt 3B
  • 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 3C - AUTHORITIES UNDER PARTICULAR SPECIAL AGREEMENT ACTS

Division 1 - Particular authority for Wenlock Basin

  • 992G Definitions for div 1
  • 992H Application of div 1
  • 992I Continuation of authority and grant of water licence to replace authority
  • 992J Amendment of water licence that replaces authority

Division 2 - Particular authority for Alcan agreement Act and Comalco agreement Act

Division 3 - Other authorities

  • 992M Definitions for div 3
  • 992N Application of div 3
  • 992O Relevant company may request water entitlement
  • 992P Effect of grant of water entitlement on existing authority to take or interfere with water under the special agreement

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
  • 998. (Repealed)
  • 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 4B - SPECIAL PROVISION FOR CONDAMINE AND BALONNE RESOURCE OPERATIONS PLAN

  • 1003B Condamine and Balonne Resource Operations Plan amended

PART 4C - SPECIAL PROVISION FOR GULF RESOURCE OPERATIONS PLAN

  • 1003C Gulf Resource Operations Plan amended

PART 5 - GENERAL PROVISIONS

1004. (Repealed) 1004A. (Repealed)
  • 1005 Advisory councils
  • 1006 Declarations about watercourses
  • 1006A Underground water may be declared to be overland flow water
  • 1007 Records to be kept in registries
  • 1008. (Repealed)
  • 1009 Public inspection and purchase of documents
  • 1009A Publishing under this Act
  • 1010 Protecting officials from liability
  • 1010A Non-disclosure of commercially sensitive information
  • 1011 Delegation by Minister
  • 1012 Delegation by chief executive
  • 1013 Approved forms
  • 1013AA Acceptance of particular requests and applications not in the approved form
  • 1013A Fees and charges payable to the chief executive
  • 1013B Non-payment of fees or charges
  • 1013C Fees—payment methods
  • 1013CA Fees—evidence and timing of payment
  • 1013CB Fees for titles registry functions
  • 1013CC Forfeiture of fee on rejecting instrument
  • 1013CD Fee not payable for particular matters
  • 1013D Minister’s and Treasurer’s power to give joint directions to bulk water supply authority
  • 1013E Advice to administering Minister about commission of particular offences
  • 1014 Regulation-making power
  • 1014A Special regulation-making power to support outer bank identification

PART 6 - MURRAY-DARLING BASIN

  • 1015 Particular documents to be tabled in the Legislative Assembly

CHAPTER 9 - TRANSITIONAL AND VALIDATION PROVISIONS

PART 1 - TRANSITIONAL PROVISIONS FOR ALLOCATION AND SUSTAINABLE MANAGEMENT

  • 1037 Local government authorities
  • 1037A Other continuing authorities
  • 1038. (Repealed) 1039. (Repealed) 1040. (Repealed) 1041. (Repealed) 1042. (Repealed) 1043. (Repealed) 1044. (Repealed) 1045. (Repealed) 1045A. (Repealed)
  • 1046 Declared underground water areas
  • 1047. (Repealed)
  • 1048 Existing applications
  • 1048A Existing licences, permits and approvals
  • 1048B Existing trade waste approvals
  • 1049. (Repealed) 1050. (Repealed) 1051. (Repealed) 1052. (Repealed) 1053. (Repealed)
  • 1054 (Expired)
  • 1055. (Repealed) 1056. (Repealed)
  • 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 - (Repealed)

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. (Repealed) 1086. (Repealed)
  • 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 repealed GAWB Act
  • 1091 References to former water areas and former water boards
  • 1092. (Repealed)
  • 1093 (Expired)

PART 4 - TRANSITIONAL PROVISIONS ABOUT STATE WATER PROJECTS AND ITS CUSTOMERS

Division 1 - State Water Projects before corporatisation

1107. (Repealed)
  • 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. (Repealed)
  • 1113 Granting interim water allocations to customers under interim resource operations licences
  • 1114 Authorities under pt 4 or 9 of the repealed Act
  • 1115. (Repealed) Subdivision 3 - Supply contracts
  • 1116 Minister must approve standard supply contracts
  • 1117 Supply under written agreements or orders in council
  • 1117A. (Repealed) 1118. (Repealed) 1119. (Repealed) 1121. (Repealed) Subdivision 4 - (Repealed)

PART 4A - (Expired)

PART 5 - GENERAL

Division 1 - Miscellaneous

  • 1129 References in Acts and documents
  • 1130 (Expired)
  • 1131 (Expired)
  • 1132 (Expired)
  • 1133 References to water in a watercourse or lake
  • 1134. (Repealed) 1135. (Repealed) 1135A. (Repealed)

Division 2 - (Repealed)

Division 3 - (Repealed)

Division 4 - Transitional provisions 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. (Repealed) 1136F. (Repealed) 1136G. (Repealed) 1136H. (Repealed)

Division 5 - Transitional provisions for Water Amendment Act 2005

  • 1137 Declaration for s 999
  • 1138. (Repealed)
  • 1139 Waiver of water meter charges

Division 6 - Transitional provisions for Water Amendment Act 2006

  • 1140 Definitions for div 6
  • 1141. (Repealed)
  • 1142 Provision for particular existing licences
  • 1143. (Repealed)

Division 7 - (Repealed)

Division 8 - (Repealed)

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. (Repealed)

Division 10 - (Repealed)

Division 11 - Transitional provisions for Water Supply (Safety and Reliability) Act 2008

1161. (Repealed) 1162. (Repealed) 1163. (Repealed) 1164. (Repealed)
  • 1165 References to particular entities in relevant water resource plans
  • 1166. (Repealed) 1167. (Repealed)

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

Division 13 - Transitional provision for Sustainable Planning Act 2009

  • 1170 Continuing application of ch 8, pt 2

Division 14 - Transitional provisions for Natural Resources and Other Legislation Amendment Act 2010

  • 1171 Continuing application of s 21
  • 1172 Transition for jurisdictional change for existing licence or permit

Division 15 - (Repealed)

Division 16 - Transitional provisions for Water and Other Legislation Amendment Act 2010

  • 1179 Definition for div 16
  • 1180. (Repealed)
  • 1181 Existing agreements between petroleum tenure holders and bore owners

Division 17 - Transitional provisions for Water and Other Legislation Amendment Act 2011

  • 1182 Definitions for div 17
  • 1183. (Repealed) 1184. (Repealed) 1185. (Repealed) 1186. (Repealed) 1187. (Repealed) 1188. (Repealed) 1189. (Repealed)
  • 1190 Stated amendments of water resource plan
  • 1191. (Repealed) 1192. (Repealed) 1193. (Repealed) 1194. (Repealed) 1195. (Repealed)
  • 1196 Stated amendments of resource operations plan
  • 1197 Existing draft water resource plans, draft amending water resource plans and draft new water resource plans to replace existing water resource plans
  • 1198. (Repealed) 1199. (Repealed)
  • 1200 Continuation of provisions relating to replacement of expired licence under old s 229(3)
  • 1201 Application of s 289(6)
  • 1202. (Repealed)
  • 1203 Existing process to amend Water Resource (Condamine and Balonne) Plan 2004
  • 1204. (Repealed) 1205. (Repealed) 1206. (Repealed)
  • 1207 Particular notices are taken to be chief executive’s or owners’ notices
  • 1208. (Repealed)

Division 18 - (Repealed)

Division 19 - Transitional provisions for South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012

Subdivision 1 - Preliminary
  • 1210 Definitions for div 19
  • Subdivision 2 - Provisions relating to annual levies
  • 1211 Transfer of funds into Groundwater Impact Assessment Fund
  • 1212 Notices to pay levy
  • Subdivision 3 - Transfer of particular authorities to bulk water supply authority
  • 1213 Definitions for sdiv 3
  • 1214 Application of sdiv 3
  • 1215 Transfer scheme
  • 1216 Transfer notice
  • 1217 Process after transfer notice
  • 1218 Continuing authorities
  • 1219 References in supply agreements to particular transferring entities
  • Subdivision 4 - Provisions for ending the water market
  • 1220 Definitions for sdiv 4
  • 1221 Existing grid contracts
  • 1222 Existing customer contracts
  • 1223. (Repealed) 1224. (Repealed)
  • 1225 (Expired)
  • Subdivision 5 - Miscellaneous provisions
  • 1226 Continuation of system operating plan
  • 1227 Delayed application of ss 350–352
  • 1228. (Repealed) 1229. (Repealed) 1230. (Repealed)
  • 1231 Particular underground water impact reports taken to have been given by the office
  • 1232 Expenditure Advisory Committee
  • 1233 First manager of the office
  • 1234 (Expired)

PART 6 - TRANSITIONAL AND VALIDATION PROVISIONS FOR LAND, WATER AND OTHER LEGISLATION AMENDMENT ACT 2013

Division 1 - Miscellaneous transitional and validation provisions

  • 1235 Term of existing water licence
  • 1236 Continuation of existing water resource plans
  • 1237 Land and water management plans
  • 1238 Changes affecting category 1 water authority boards
  • 1239 Validation relating to Mount Isa Water Board
  • 1240 Removal of particular records from registries
  • 1241. (Repealed)
  • 1242 References to section 20 of this Act

Division 2 - Transitional provisions about the destruction of vegetation in a watercourse, lake or spring

  • 1243 Definitions for div 2
  • 1244 Existing applications
  • 1245 Existing permits
  • 1246 Destruction of vegetation carried out under guidelines

Division 3 - Transitional provisions for existing levees

  • 1247 Existing levees
  • 1248 References to particular provisions of this Act

PART 7 - (Expired)

PART 8 - TRANSITIONAL AND SAVING PROVISIONS FOR WATER REFORM AND OTHER LEGISLATION AMENDMENT ACT 2014

Division 1 - Preliminary

Division 2 - Associated water licences

Subdivision 1 - Preliminary
  • 1250A Application of division
  • 1250B Definitions for division
  • 1250C Associated water licence
  • Subdivision 2 - Obtaining associated water licences
  • 1250D Applying for an associated water licence
  • 1250E Criteria for deciding application
  • 1250F Deciding application
  • 1250G Contents and conditions of associated water licence
  • Subdivision 3 - Dealings with associated water licences
  • 1250H Dealings
  • 1250I Application for dealings
  • 1250J Application to renew, or reinstate expired, associated water licence
  • 1250K Additional information may be required for application for dealings
  • 1250L When dealing must be assessed as if it were for a new associated water licence
  • 1250M Recording other dealings
  • 1250N Actions chief executive may take in relation to associated water licences
  • 1250O Amendment of associated water licence after show cause process
  • 1250P Cancellation or surrender of associated water licence
  • Subdivision 4 - Other matters
  • 1250Q Application for water licence made but not decided before commencement
  • 1250R Compliance with underground water rights on granting of licence
  • 1250S Associated water licence taken to be water licence for particular provisions
  • 1250T Consideration when making decisions about associated water licence
  • 1250U Agreement between holder of mining tenure and water bore

Division 3 - Other transitional provisions

  • 1251 Existing authorisations continue to have effect
  • 1252 Limitations and prohibitions relating to water in force before commencement
  • 1253 Continuation under the amended Act of notices or documents published by Minister or chief executive
  • 1254 Request or notice by chief executive under unamended Act
  • 1255 Submissions made to Minister under unamended Act
  • 1256 Water resource plans taken to be water plans
  • 1256A Deciding application for water licence under section 113
  • 1257 References to water resource plans taken to be references to water plans
  • 1258 Notices given, or submissions made, to chief executive under unamended Act
  • 1259 Stated provisions of a resource operations plan are taken to be, or are included in, or to be read and construed with, other documents
  • 1259A Reference in particular plans to unamended Act provision that has a corresponding provision
  • 1260 Provisions of resource operations plan taken to be included in a resource operations licence
  • 1261 Provisions of a resource operations plan taken to be an operations manual
  • 1262 Provisions of resource operations plan taken to be included in a distribution operations licence
  • 1263 Provisions of resource operations plan taken to be included in a water licence
  • 1264 Provisions of resource operations plan taken to be included in a water plan
  • 1265 Provisions of Burnett water resource plan taken to be included in operations manual or resource operations licence
  • 1266 References to resource operations plans
  • 1267 Request to water infrastructure operators to provide proposed arrangements for management of water
  • 1268 Applications made but not decided before commencement
  • 1269 Applications decided but not given effect before commencement
  • 1270 Certificates or notices about water allocations continue under the amended Act
  • 1271 Interim resource operations licences and interim water allocations
  • 1272 Applications about a water licence under unamended Act if required notice has not been published
  • 1273 Notices published about an application under unamended Act
  • 1273A Application for reinstatement or replacement of particular water licences that expired under old ss 221 or 229 as previously in force or under the repealed Act
  • 1273B Particular water licences taken to be in force from day of initial expiry
  • 1274 Show cause process started before commencement
  • 1275 Referral panels continued under amended Act
  • 1276. (Repealed)
  • 1277 Special provision for particular petroleum tenure holders
  • 1278 Provision for old s 365 (Declaring cumulative management areas)
  • 1279 Provision for existing agreements between mining tenure holders and bore owners
  • 1280 Continuation of effect of ss 812A and 812B
  • 1280A When reporting and monitoring requirements prescribed both by regulation and water planning instrument
  • 1280B Content of underground water impact report

Division 4 - (Repealed)

PART 9 - VALIDATION PROVISIONS FOR WATER LEGISLATION AMENDMENT ACT 2016

  • 1282 Validation of formation and actions of Lower Herbert Water Management Authority
  • 1283 Validation of taking of, or interfering with, underground water by holders of particular mineral development licences and mining leases

PART 10 - TRANSITIONAL PROVISION FOR PLANNING (CONSEQUENTIAL) AND OTHER LEGISLATION AMENDMENT ACT 2016

  • 1284 Existing development applications

PART 11 - TRANSITIONAL PROVISIONS FOR MINERAL, WATER AND OTHER LEGISLATION AMENDMENT ACT 2018

  • 1285 Unfinished process provided by water plan for release of particular unallocated water
  • 1286 Amending water plan to remove process for release of particular unallocated water
  • 1286A Application of requirement for water plan to state desired cultural outcomes
  • 1287 Application of particular matters Minister must consider in making draft water plan
  • 1288 Amendment of existing distribution operations licence or resource operations licence by agreement
  • 1289 References to SEQ Water
  • 1290 Election notice

PART 12 - TRANSITIONAL PROVISIONS FOR NATURAL RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2019

Division 1 - Provision relating to water licences

  • 1291 Continued effect of former s 213A

Division 2 - Provisions relating to boards of water authorities

  • 1292 Definitions for division
  • 1293 Number of directors comprising boards of water authorities
  • 1294 Directors for water authorities
  • 1295 Chairpersons of boards of water authorities
  • 1296 Continuation of holding of office of particular directors
  • 1297 Removal of director for category 2 water authority by Minister even if appointed by Governor in Council
  • 1298 Vacancy in office if director nominated by local government
  • 1299 Nomination or election of directors for water authority
  • 1300 Notice in gazette of proposed change in composition of board of water authority

PART 13 - TRANSITIONAL PROVISION FOR QUEENSLAND FUTURE FUND (TITLES REGISTRY) ACT 2021

  • 1301 Approved forms continue

PART 14 - TRANSITIONAL AND VALIDATION PROVISIONS FOR WATER LEGISLATION AMENDMENT ACT 2023

Division 1 - Transitional provisions

  • 1302 Definitions for division
  • 1303 Continued application of former s 112 to particular applications for water licences and dealings with water licences
  • 1304 Application of new s 113 to particular applications for water licences and dealings with water licences
  • 1305 Application of new s 130 to particular applications for dealings with water licences
  • 1306 Modified application of s 1250D
  • 1307 Modified application of s 1250L
  • 1308 Application of s 1250L to particular applications for dealings with associated water licences
  • 1309 Modified application of s 1293

Division 2 - Validation provisions

  • 1310 Validation of postponement of expiry of particular water resource plans
  • Schedule 1 (Repealed)

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