Queensland Consolidated Acts Queensland Consolidated Acts(1A) Subsection (1) does not apply to a person proposing to use, for irrigating land outside Queensland, water taken under a water entitlement or seasonal water assignment.
(1) Subsection (5) applies to the following persons--
(a) a person proposing to use, for irrigation, water taken under a water allocation or an interim water allocation;
(b) a person who--
(i) has used, for irrigation, water the person received under a seasonal water assignment, other than in combination with water taken under any other authority under this Act; and
(ii) within the time prescribed under a regulation, proposes to again use, on the same land, water the person has received under a seasonal water assignment, other than in combination with water taken under any other authority under this Act;
(c) a person proposing to use, for irrigation, water taken under a water licence issued under section 212 if a resource operations plan states that use of the water requires an approved land and water management plan;
(d) a person using for irrigation water on land identified in a water use plan as land on which irrigation must only be carried out under an approved land and water management plan.
(2) Subsection (1)(a) does not apply to the person--
(a) if the person was granted a water allocation under section 121; or
(b) if the person was granted, or taken to have been granted, an interim water allocation under section 187 or chapter 9, part 4; or
(c) if--
(i) the person continues an enterprise, previously operated by another person, comprising either--
(A) land and the water allocation to irrigate the land; or
(B) land to which an interim water allocation attaches; and
(ii) at the time the person started operating the enterprise--
(A) subsection (1) did not apply to the other person; and
(B) the other person was not required, whether under a contract with the State or otherwise, to have an approved land and water management plan for the use of the water on the land; or
(d) if--
(i) the person uses water for irrigating land; and
(ii) there is a water use plan; and
(iii) the water use plan does not require a land and water management plan for the land.
(2A) Despite subsection (2), subsection (5) applies to a person who--
(a) in a water year used, for irrigation, a combination of the following--
(i) water taken under a water allocation or an interim water allocation;
(ii) water the person received under a seasonal water assignment; and
(b) the combination exceeds the nominal volume for the allocation; and
(c) within the time prescribed under a regulation, proposes to again use, on the same land, the combination mentioned in paragraph (a) that will exceed the nominal volume.
(3) However, subsection (1)(a) applies to a person, other than a person mentioned in subsection (2)(c), who acquires an interim water allocation from a person mentioned in subsection (2)(b) and continues to apply to the person, and to any person who subsequently acquires the interim water allocation, even if--
(a) the interim water allocation is converted under section 121; and
(b) the person is granted a water allocation.
(4) Subsection (1)(a) also applies to a person mentioned in subsection (2)(a) or (c) if the location from which the water may be taken under the allocation is changed.
(5) A person to whom subsection (1) applies must not use the water from the water allocation, interim water allocation, water licence or seasonal water assignment for irrigation unless the person has--
(a) an approved land and water management plan for the use of the water on the land; or
(b) a deferral under subdivision 6.
Maximum penalty--1665 penalty units.
(6) In this section--
seasonal water assignment means only the seasonal water assignment of the benefit of water taken under an interim water allocation or a water allocation.