WATER ACT 2000

Queensland Consolidated Acts

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WATER ACT 2000

TABLE OF PROVISIONS

Long Title

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

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