Queensland Consolidated Acts Queensland Consolidated Acts(1) The Minister may publish a notice under this section, for a part of the State, (a moratorium notice) if the Minister is satisfied action should be taken in the part--
(a) to protect natural ecosystems; or
(b) to protect existing water entitlements and other authorities under this Act to take or interfere with water.
(2) The notice may state that an application under this Act, or the repealed Act, will not be accepted, or will be accepted but not dealt with, while the moratorium notice has effect if granting the application would have 1 or more of the following effects on the water to which the application relates--
(a) increase the amount of water that may be taken;
(b) change the location from which water may be taken;
(c) increase the rate at which water may be taken;
(d) change the flow conditions under which water may be taken;
(e) increase or change the interference with the water;
(f) change the purpose for which the water may be taken or interfered with.
(3) Subsection (2) applies even if the application was made before the notice was published.
(4) For water in the part of the State to which the notice applies, including overland flow water and subartesian water, the notice may also state that while the moratorium notice has effect--
(a) new works must not be physically started; and
(b) completed works in existence must not be raised, enlarged, deepened or changed; and
(c) works that have been started--
(i) may be completed only to the extent stated in the notice; and
(ii) must be completed by the day stated in the notice; and
(d) a person who is completing works that have been started must give the chief executive notice about the works by the day stated in the notice; and
(e) construction of works must stop if notice has not been given under paragraph (d).
(5) Subsection (4) applies only to the extent the works would--
(a) increase the amount of water being taken or that could be taken; or
(b) change the location from which water is being taken or could be taken; or
(c) increase the rate at which water is being taken or could be taken; or
(d) increase or change the interference with the water.
(5A) The Minister may publish a moratorium notice--
(a) whether or not a water resource plan has been approved for any water to which the notice applies; and,
(b) if a water resource plan has been approved--whether or not a resource operations plan has been approved for the plan.
(5B) If the Minister publishes a moratorium notice when a water resource plan or a resource operations plan has been approved for any water to which the notice applies, the notice prevails over the plan to the extent the plan is inconsistent with the notice.
(6) A person must not start the construction of works, or continue to construct works, in contravention of a moratorium notice.
Maximum penalty--1665 penalty units.
(7) The notice has effect--
(a) from the later of the following--
(i) the day stated in the notice;
(ii) the day the notice is published; and
(b) until--
(i) a water resource plan is approved for any water to which the moratorium notice applies, but only if a water resource plan for the water to which the notice applies had not been approved before the notice was published; or
(ii) the Minister publishes a further notice ending the effect of the moratorium notice, including, for example, in the following circumstances--
(A) when a water resource plan for the water to which the moratorium notice applies had been approved before the moratorium notice was published;
(B) when a resource operations plan for the water to which the moratorium notice applies had been approved before, or has been approved after, the moratorium notice was published.
(8) For this section, and for section 27, works are not started unless--
(a) construction of the works has physically started, or if construction has not physically started, a contract has been entered into to start construction, and construction is started, within 60 days after the day the notice is published; and
(b) an independently verifiable construction program exists for progressive construction towards completion of the works; and
(c) detailed design plans exist showing, among other things, the extent of the works; and
(d) if a permit under the Local Government Act 1993, section 940 is required for the works--the permit has been issued; and
(e) if a development permit is required for the works or for other development associated with the works--the permit has been given.
(9) In this section--
moratorium notice includes a moratorium notice the effect of which has been amended or continued under a water resource plan.