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Water Act 2000 - SCHEDULE 4

-- Dictionary (section 4)
acknowledgement notice see section 155(6).
acquisition Act, for chapter 4A, see section 718.
administrator means a person appointed under section 955(2) to operate a service provider's infrastructure.
ADR see section 426(2)(b).
advice agency see the Planning Act, section 250.
affected person, for a draft or final water entitlement notice, means each of the following persons—
(a) the holder or the proposed holder of a water entitlement;
(b) the holder of a resource operations licence;
(c) the holder of a distribution operations licence;
(d) the applicant for a water licence.
agreement amendment, for chapter 2A, part 3, see section 360H(2).
Alcan agreement Act, for chapter 8, part 3C, division 2—see section 992K.
allocation notice—
(a) for removal of quarry material—means an allocation notice under chapter 2, part 5; or
(b) for chapter 4, part 7—see section 696(1)(c).
alternative institutional structure includes—
(a) a cooperative; and
(b) a corporation; and
(c) a trust; and
(d) an institutional structure consisting of all the parties to a closed water activity agreement.
amending Act, for chapter 9, part 5, division 17, see section 1182.
annual report means a water authority's annual report under the Financial Accountability Act 2009.
applicable code see the Planning Act, schedule 3.
appointor, of an authorised officer, see section 739(1).
appropriately qualified, for a person to whom a power may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power.
approved baseline assessment plan, for the area of a petroleum tenure, means a baseline assessment plan for the area that is approved under section 399.
approved final report means a final report that is approved under section 385.
approved form means a form approved under section 1013.
approved meter means a meter prescribed under a regulation as an approved meter.
approved nominee, for chapter 2, part 3, division 5, subdivision 1, see section 177(2)(c).
approved payment method, for a fee, see section 1013C.
approved recycled water management plan see the Water Supply Act, schedule 3.
approved underground water impact report means an underground water impact report that is approved under section 385.
approved water supply emergency response means a water supply emergency response approved by the Minister under section 25I.
aquifer means a geological structure, formation or formations that holds water in sufficient quantity to provide a source of water that can be tapped by a bore.
artesian bore includes a shaft, well, gallery, spear or excavation, and any works constructed in connection with the shaft, well, gallery, spear or excavation, that taps an aquifer and the water flows, or has flowed, naturally to the surface.
artesian water, for chapter 8, part 3C, means water that occurs naturally in, or is introduced artificially into, an aquifer, which if tapped by a bore, would flow naturally to the surface.
assessable development means assessable development prescribed under the Planning Act, section 232(1).
assessing authority, for a development application, means any relevant assessment manager or concurrence agency under the Planning Act.
assessment manager see the Planning Act, section 246(1).
authorised officer means a person appointed as an authorised officer under section 739.
authorised use or purpose, of water, for chapter 3, see section 362.
authority area, for a water authority, see section 548(1).
available for inspection and purchase see section 1009.
bar, in a watercourse, means a temporary accumulation of sediment—
(a) that is within the bed of the watercourse; and
(b) to which the following characteristics can generally be expected to apply—
(i) it is formed during the recession of flows in the watercourse when sediment is deposited in the bed of the watercourse;
(ii) it is a dynamic feature, being changed by flow events in the watercourse;
(iii) because of its dynamic nature as mentioned in subparagraph (ii), its covering vegetation is immature, and not woody;
(iv) it is made up of coarse materials, in particular, sand and gravel.
baseline assessment, for chapter 3, see section 362.
baseline assessment plan, for the area of a petroleum tenure, means a baseline assessment plan that complies with section 397(4).
bed and banks, of a lake, means the land that is normally covered by the water of the lake, whether permanently or intermittently, regardless of frequency, but does not include adjoining land from time to time covered in flood events.
bench, in a watercourse, means a storage of sediment—
(a) that is within the channel of the watercourse; and
(b) to which the following characteristics can generally be expected to apply—
(i) it is higher than the bed of the watercourse and bars in the watercourse, but lower than the level of either outer bank of the watercourse;
(ii) it is formed through sediment deposition during flow events in the watercourse that are at or near the level of either outer bank;
(iii) it is a reasonably flat sediment deposit, reasonably straight or gently curved as viewed from above, and at least partly consolidated by riparian vegetation;
(iv) it may be distinguished from a floodplain because the deposits making up a floodplain are finer and more layered.
board see section 597.
bore assessment, of a water bore, see section 411.
bore owner, of a water bore, for chapter 3, see section 362.
bore trigger threshold, for an aquifer, for chapter 3, see section 362.
bulk services see section 360C.
bulk water customer see section 360C.
bulk water party see section 360C.
bulk water service means the supply of large quantities of water other than as an irrigation service.
bulk water supply agreement see section 360G(1).
bulk water supply authority means the Queensland Bulk Water Supply Authority established under the South East Queensland Water (Restructuring) Act 2007, section 6.
bulk water supply code see section 360M(1).
capital structure, for a water authority, means the authority's level of debt compared to its level of equity.
category 1 water authority means—
(a) the Gladstone Area Water Board; or
(b) the Mount Isa Water Board.
category 2 water authority means a water authority other than a category 1 water authority.
CEWH means the Commonwealth Environmental Water Holder established under the Water Act 2007 (Cwlth).
chief executive's notice see section 36(2).
closed water activity agreement see section 695A(1)(b).
closing CMA tenure, for chapter 3, see section 362.
CMA tenure, for chapter 3, see section 362.
code-regulated entity, for chapter 2A, part 3, see section 360C.
Comalco agreement Act, for chapter 8, part 3C, division 2—see section 992K.
commencement—
(a) for chapter 9, part 5, division 16, see section 1179; or
(b) for chapter 9, part 5, division 17 see section 1182.
commercialisation see section 637.
community service obligations, of a category 1 water authority, means the obligations to do anything the authority is satisfied—
(a) are not in the authority's commercial interests to perform; and
(b) arise because of—
(i) a direction by the Minister; or
(ii) notice by the Minister of a public sector policy that is to apply to the authority; and
(c) do not arise because of the application of the following key commercialisation principles and their elements—
(i) principle 3—accountability for performance;
(ii) principle 4—competitive neutrality.
compliance notice means a notice given under section 780.
concurrence agency, for a development application, has the meaning given by the Planning Act.
connection means a property service that supplies either water supply services or sewerage services, or both, to a premises.
consolidated aquifer, for chapter 3, see section 362.
constructing authority see the Acquisition of Land Act 1967, section 2.
consultation day, for a proposed underground water impact report or final report, for chapter 3, see section 362.
convicted includes a finding of guilty, and the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded.
coordinated project has the meaning given in the State Development and Public Works Organisation Act 1971.
corporate plan, for a water authority, means the authority's corporate plan agreed to by the Minister under section 649, or taken to be agreed to by the Minister under section 650(2).
corporatised entity, means the commercialised business unit, previously within the department and known as State Water Projects, corporatised under the Government Owned Corporations Act 1993.
criminal history, of a person, has the meaning given by the Criminal Law (Rehabilitation of Offenders) Act 1986, section 3, but does not include convictions for which the rehabilitation period has expired, and has not been revived, under that Act.
cumulative management area, for chapter 3, see section 362.
current infrastructure owner, for chapter 2, part 4, division 3, subdivision 4, see section 114(2).
customer—
1 Generally, customer—
(a) of a service provider that is a local government, means—
(i) a ratepayer of the local government who enjoys registered services supplied by the local government; or
(ii) a person who occupies non-residential premises that enjoy registered services supplied by the local government; or
(b) of a service provider other than a local government, means—
(i) a person who purchases registered services supplied by the service provider; or
(ii) a person who occupies non-residential premises that enjoy registered services supplied by the service provider.
2 In chapter 4 and section 851, customer means a person, other than a ratepayer, for whom a water authority carries out water activities.
dam—
1 Dam means—
(a) works that include a barrier, whether permanent or temporary, that does or could or would impound water; and
(b) the storage area created by the works.
2 The term includes an embankment or other structure that controls the flow of water and is incidental to works mentioned in item (1)(a).
3 The term does not include the following—
(a) a rainwater tank;
(b) a water tank constructed of steel or concrete or a combination of steel and concrete;
(c) a water tank constructed of fibreglass, plastic or similar material;
(d) a levee.
dealing, with a water licence, means a dealing mentioned in section 120.
declared channel scheme, for chapter 4A, see section 720.
declared project, for chapter 4A, see section 719.
demand management, for water, includes—
(a) reducing demand for water; and
(b) increasing the efficiency of water supply works; and
(c) increasing the efficiency of the use of water by end users; and
(d) substituting a process that does not use a water resource for one that does use a water resource; and
(e) substituting one water resource for another.
depositional feature, in relation to a watercourse, means a deposit of clay, sand or silt that is carried during flows of water in the watercourse.
Examples—
* •
* mud deposited in cracks in rocks
* •
* sand deposits behind rocks
designated region means a region designated under section 342.
designated water security entity see section 349.
desired level of service objectives, for water security, means the desired levels of service objectives for water security prescribed under section 344.
destruction, of vegetation, means the removing, clearing, killing, cutting down, felling, ringbarking, digging up, pushing over, pulling over or poisoning of the vegetation.
development has the meaning given by the Planning Act, section 7.
development application means an application for a development approval.
development approval means a development approval as defined under the Planning Act.
development condition, of a development approval, means a condition of the approval imposed by, or imposed because of a requirement of, the chief executive as assessment manager or concurrence agency for the application for the approval.
development permit means a development permit as defined under the Planning Act.
director, for a water authority, means a person appointed as a director of the authority's board under section 600.
dispute notice means a notice given under section 891(2).
distribution operations licence means a distribution operations licence granted under chapter 2, part 4, division 3.
distribution system means the infrastructure for—
(a) the transmission of water; or
(b) the reticulation of water; or
(c) water treatment or recycling.
dividend, for chapter 4, includes an amount in the nature of a dividend.
document certification requirement see section 760(5).
document production requirement see section 760(6).
domestic purposes see section 6.
downstream limit, of a watercourse, means—
(a) if a point is identified on the watercourse identification map as the downstream limit of the watercourse—the point identified on the map; or
(b) otherwise—the point to which the high spring tide ordinarily flows and reflows in the watercourse, whether due to a natural cause or to an artificial barrier.
drainage feature means—
(a) if a feature is identified on the watercourse identification map as a drainage feature—the feature identified on the map; or
(b) otherwise—a natural landscape feature, including a gully, drain, drainage depression or other erosion feature that—
(i) is formed by the concentration of, or operates to confine or concentrate, overland flow water during and immediately after rainfall events; and
(ii) flows for only a short duration after a rainfall event, regardless of the frequency of flow events; and
(iii) commonly, does not have enough continuing flow to create a riverine environment.
* Example for paragraph (b)(iii)—
* There is commonly an absence of water favouring riparian vegetation.
ecosystem means a dynamic combination of plant, animal and micro-organism species and communities and their non-living environment and the ecological processes between them interacting as a functional unit.
election notice see section 426(2).
element of a water allocation see section 143.
emergency plan, for chapter 2A, part 3, see section 360C.
employee register, for a declared channel scheme, for chapter 4A, see section 737.
environmental authority see the Environmental Protection Act 1994, schedule 4.
environmental flow objective means a flow objective stated in a water plan to protect the share of water available to the environment.
environmental impact statement, for chapter 8, part 3C, division 1, see section 992G.
environmental management rules, for a water management protocol, resource operations licence or operations manual, means the environmental management rules included in the relevant protocol, licence or manual.
environmental outcome means a consequence for an ecosystem in its component parts specified for aquifers, drainage basins, catchments, subcatchments and watercourses.
establishment proposal, for a water authority, means the proposal, notice of which was given under section 552(1), to establish the authority.
establishment regulation means a regulation, made under section 548 before the commencement of this definition, establishing a water authority.
executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation's management, whether or not the person is a director or the person's position is given the name of executive officer.
external review, for a decision, means a review of the decision by QCAT under the QCAT Act.
fill, for chapter 2, part 4 and definition levee, paragraph 3, means any kind of material in solid form (whether or not naturally occurring) capable of being deposited at a place.
final report, for a resource tenure, for chapter 3, see section 362.
floodplain means an area of reasonably flat land adjacent to a watercourse that—
(a) is covered from time to time by floodwater overflowing from the watercourse; and
(b) does not, other than in an upper valley reach, confine floodwater to generally follow the path of the watercourse; and
(c) has finer sediment deposits than the sediment deposits of any bench, bar or in-stream island in the watercourse.
floodwater, in relation to a watercourse or lake, means water that has overflowed the outer banks of the watercourse, or the bed and banks of the lake, because of a flood event affecting the watercourse or lake, and is on land near the watercourse or lake.
flow conditions, for a water entitlement or a moratorium notice, means—
(a) the rate of flow of water in a watercourse, lake or spring or overland; or
(b) the level of water in a watercourse, lake, spring, aquifer, dam or weir.
former water area means a drainage area or water supply area established under the repealed Act.
former water board means a drainage board, water board or water supply board established under the—
(a) the repealed GAWB Act; or
(b) part 10 of the repealed Act.
full cost pricing, for a category 1 water authority, is charging for goods or services taking into account the full cost of providing the goods or services, including amounts equivalent to—
(a) government taxes that are not otherwise payable to the Commonwealth, State or local government; and
(b) debt guarantee fees for State guarantees.
full supply level means for a dam generally, the level of the dam's water surface when water storage is at maximum operating level without being affected by flood.
government entity see the Public Service Act 2008, section 24.
graded jump up means an inclined section of pipe joining 2 drains, or a sewer and a sanitary drain or property sewer, at different levels.
Groundwater Impact Assessment Fund means the Groundwater Impact Assessment Fund established under section 478.
hazardous waste means—
(a) a substance, whether liquid, solid or gaseous, derived by, or resulting from, the processing of minerals that tends to destroy life or impair or endanger health; or
(b) ash resulting from the process of power generation.
holder, of a water allocation, means—
(a) the person whose details are stated on the water allocations register as the person who holds the water allocation; or
(b) if a lease of the water allocation is registered on the register—the lessee of the lease.
immediately affected area see section 387.
immediately affected area bore, for chapter 3, part 5, see section 408.
impact considerations, for chapter 3, see section 362.
impaired capacity, of a water bore, see section 412.
incoming owner, for chapter 2, part 3, division 5, subdivision 3, see section 188(1)(b).
indirect financial or personal interest, for a director, includes a financial or personal interest of the director's spouse, relative or person with whom the director lives in a domestic relationship.
industrial instrument see the Industrial Relations Act 2016, schedule 5.
information notice, about a decision under this Act, means a notice—
(a) stating the following—
(i) the decision;
(ii) the reasons for the decision;
(iii) the name and address of any other person who was given the notice;
(iv) that any person given the notice may apply for an internal review of the decision within 30 business days after the day the notice is given; and
(b) including a copy of the relevant internal review provisions of this Act.
in-stream island, in a watercourse, is a storage of sediment—
(a) that is within the channel of the watercourse; and
(b) to which the following characteristics can generally be expected to apply—
(i) it is formed by processes within the watercourse;
(ii) its crest is not higher than either outer bank of the watercourse;
(iii) it is a dynamic feature, being changed by flow events in the watercourse;
(iv) it is made up of coarse materials, in particular sand and gravel.
interested person see section 851.
interference, with the flow of water in a watercourse lake or spring, includes interference with the flow of water—
(a) by impoundment, for example, by a dam, weir or excavation that stores water;
(b) by diversion, for example, by works such as a diversion channel that—
(i) divert the course of water in a watercourse outside of its bed and banks; and
(ii) may rejoin a watercourse downstream.
interim enforcement order see section 784(1).
intermittent, in relation to the flow of water in a watercourse or the collection of water in a lake, includes variable, having regard to seasonal variations, and to year by year variability of seasons.
internal review see section 862(1).
interstate distribution operations licence means a licence that is granted under an interstate law and authorises the licence holder to operate infrastructure to distribute water.
interstate law means a law of another State, including a repealed law, regulating the taking or using of water or the drilling of a water bore.
interstate resource operations licence means a licence that is granted under an interstate law and authorises the licence holder to manage the taking or using of water by other licensees.
irrigation entity, for chapter 4A, see section 721.
irrigation infrastructure means water infrastructure or other infrastructure constructed, erected or installed for the supply of water or the storage and distribution of water for the irrigation of crops or pastures.
Examples of irrigation infrastructure—
* a supply channel, head ditch or tailwater drain
irrigation service means the supply of water or drainage services for irrigation of crops or pastures for commercial gain.
jump up means a vertical section of pipe joining 2 drains, or a sewer and a sanitary drain or property sewer, at different levels.
key commercialisation principles see section 638.
lake—
(a) if a feature is identified on the watercourse identification map as a lake—means the feature identified on the map; or
(b) otherwise, includes—
(i) a lagoon, swamp or other natural collection of water, whether permanent or intermittent; and
(ii) the bed and banks and any other element confining or containing the water.
large service provider means—
(a) a service provider primarily providing bulk water services; or
(b) for a retail water service or sewerage service—a service provider with more than 25,000 connections to a registered service; or
(c) for an irrigation service—a service provider with—
(i) more than 500 users; and
(ii) a volume throughput, in any of the last 5 financial years, of more than 10,000ML.
lateral limits, in relation to a watercourse, see section 5(5).
levee—
1 A levee is an artificial embankment or structure which prevents or reduces the flow of overland flow water onto or from land.
2 A levee includes levee-related infrastructure.
3 However, the following are not levees—
(a) prescribed farming activities;
(b) fill that is—
(i) deposited at a place for gardens or landscaping, including, for example, landscaping for the purposes of visual amenity or acoustic screening; and
(ii) less than the volume of material prescribed under a regulation;
(c) infrastructure used to safeguard life and property from the threat of coastal hazards;
(d) a structure regulated under another Act including, for example, the following—
(i) a levee constructed as emergency work under the Planning Act, section 584 or 585;
(ii) a structure constructed under an approved plan under the Soil Conservation Act 1986;
(iii) a structure whose design takes into account the impacts of flooding or flood mitigation but which is not primarily designed for flood mitigation;
* Example—
* a public road within the meaning of the Transport Infrastructure Act 1994
(iv) a structure constructed within the bed, or across a bank, of a watercourse, including, for example, a weir or barrage, the construction of which was carried out under this Act and for which a development permit under the Planning Act was given;
(v) an embankment or other structure constructed for long-term storage of water under the Water Supply Act;
Examples—
* a ring tank or dam
(e) irrigation infrastructure that is not levee-related infrastructure.
levee-related infrastructure, for a levee, means infrastructure, including irrigation infrastructure, that is—
(a) connected with the construction or modification of the levee; or
(b) used in the operation of the levee to prevent or reduce the flow of overland flow water onto or from land.
Examples of infrastructure for paragraph (b)—
* a channel, drain, outfall or pipe
long-term affected area see section 387.
make good agreement, for a water bore, see section 420.
make good measure, for a water bore, see section 421.
make good obligations, of a petroleum tenure holder for a water bore, for chapter 3, see section 362.
manager means the manager of the office.
mandatory term, for chapter 2A, part 3, see section 360G(2)(a).
maximum rate, for chapter 2, part 3, division 4, see section 144.
medium service provider means—
(a) for a retail water service or sewerage service—a service provider with more than 1,000 but not more than 25,000 connections to a registered service; or
(b) for an irrigation service—a service provider with—
(i) more than 100 but not more than 500 users; and
(ii) a volume throughput, in any of the last 5 financial years, of more than 10,000ML.
megalitre means 1 million litres.
meter includes equipment, related to the meter, for measuring and recording—
(a) the taking of, or interfering with, water; or
(b) the quality of water.
metered entitlement means an authority under this Act to take or interfere with water, prescribed under a regulation to be a metered entitlement.
metering contractor means a person appointed as a metering contractor under section 973.
Mineral Resources Act means the Mineral Resources Act 1989.
mining tenure means a mineral development licence or mining lease under the Mineral Resources Act.
mining tenure holder means the holder of a mining tenure.
ML means megalitre.
monitoring equipment—
(a) means equipment for reading rainfall, water flow or water levels or for assessing the effects of taking of, or interfering with, water or water use on land and water; and
(b) includes a meter.
moratorium notice see section 30(1).
nominal volume means—
(a) for a water allocation managed under a resource operations licence—the number used to calculate the allocation's share of the water available to be taken by holders of water allocations in the same priority group; and
(b) for a water allocation not managed under a resource operations licence—the number used to calculate the allocation's share of the water available to be taken by holders of water allocations in all water allocation groups in a water plan area.
nominated water service provider see section 343.
nominator, for chapter 2, part 3, division 5, see section 178(1).
nominee, for chapter 2, part 3, division 5, see section 178(1).
non-Act water means water, including recycled and desalinated water, from any source, other than water included in the definition of water, item 1, in this schedule.
non-residential customer means a customer who uses water on non-residential premises.
non-residential premises means premises that are not used for residential purposes, including, for example, tourist accommodation, nursing homes, hostels, hospitals, caravan parks, convents, nurseries, market gardens, turf farms, farms, conference centres and the common property of a community title scheme under the Body Corporate and Community Management Act 1997 or under the Building Units and Group Titles Act 1980.
notice means written notice.
notice of closure means a notice of closure given under section 372 or 373.
occupier, of land, means the person in actual occupation of the land or, if there is no person in actual occupation, the person entitled to possession of the land.
office means the Office of Groundwater Impact Assessment.
Office of Groundwater Impact Assessment means the Office of Groundwater Impact Assessment established under section 455.
officer, of a water authority, means—
(a) a director of the authority; or
(b) the authority's chief executive officer; or
(c) another person who is concerned, or takes part, in the authority's management.
old, for chapter 9, part 5, division 17, in relation to a provision of this Act, see section 1182.
operational work see the Planning Act, section 10(1).
operations manual see section 197(1).
original decision see section 851(4).
other resources means quarry material and riverine vegetation.
outer bank see section 5A.
overdue charge see section 574(3).
overdue rate see section 574(3).
overland flow water—
1 Overland flow water means water, including floodwater, that is urban stormwater or is other water flowing over land, otherwise than in a watercourse or lake—
(a) after having fallen as rain or in any other way; or
(b) after rising to the surface naturally from underground.
2 Overland flow water does not include—
(a) water that has naturally infiltrated the soil in normal farming operations, including infiltration that has occurred in farming activity such as clearing, replanting and broadacre ploughing; or
(b) tailwater from irrigation if the tailwater recycling meets best practice requirements; or
(c) water collected from roofs for rainwater tanks.
owner—
(a) of land, other than for chapter 2, part 3, division 2, means any of the following, and includes the occupier of the land—
(i) the registered proprietor of the land;
(ii) the lessee, sublessee or licensee under the Land Act 1994 of the land;
(iii) the holder of a mineral development licence or mining lease over the land under the Mineral Resources Act;
(iv) the plantation licensee of a plantation licence under the Forestry Act 1959;
(v) the person or body of persons who, for the time being, has lawful control of the land, on trust or otherwise;
(v) the holder of a geothermal tenure under the Geothermal Energy Act 2010 relating to the land;
(vi) the person who is entitled to receive the rents and profits of the land;
(vi) the holder of a GHG tenure under the Greenhouse Gas Storage Act 2009 relating to the land;
(vii) the holder of a 1923 Act petroleum tenure under the Petroleum Act 1923 relating to the land;
(viii) the holder of a petroleum tenure under the Petroleum and Gas Act relating to the land; or
(b) for chapter 2, part 3, division 2, see section 104.
owner's notice see section 37(2).
performance indicator, for a water plan, means a measure that can be calculated and is stated in the plan to assess the impact of an allocation and management decision or proposal on water entitlements and natural ecosystems.
performance plan, for a water authority, means the authority's performance plan agreed to by the Minister under section 656, or taken to be agreed to by the Minister under section 657.
Petroleum and Gas Act means the Petroleum and Gas (Production and Safety) Act 2004.
petroleum tenure—
(a) generally, means—
(i) a 1923 Act petroleum tenure under the Petroleum Act 1923; or
(ii) a petroleum tenure under the Petroleum and Gas Act; and
(b) for chapter 3, part 2, divisions 3 and 4—includes a part of a petroleum tenure.
petroleum tenure holder—
1 Generally, a petroleum tenure holder means a person who holds a petroleum tenure.
2 For chapter 2, part 6, a petroleum tenure holder does not include an owner mentioned in section 206(1).
placing of fill in a watercourse, lake or spring includes doing something that, in conjunction with other acts (regardless of who does those acts) or happenings (regardless of who, if anyone, causes those happenings) is likely to result in the depositing of fill in the watercourse, lake or spring.
plan area, for any plan under this Act, means the part of Queensland to which the plan applies.
plan area, for a water plan, means the area of Queensland to which the plan applies.
Planning Act means the Sustainable Planning Act 2009.
Planning Act offence means an offence against the Planning Act, section 574, 578(1), 579, 580(1), 581, 582 or 594(1) to the extent the section relates to the taking of, or interfering with, water.
premises means—
(a) a lot as defined under the Planning Act, section 10(1); or
(b) for a lot under the Body Corporate and Community Management Act 1997 or the Building Units and Group Titles Act 1980—the common property for the lot.
premises group means the land comprised in 2 or more premises all the owners of which have mutual rights and obligations under the Body Corporate and Community Management Act 1997 or the Building Units and Group Titles Act 1980 for their respective ownerships, and includes the common property forming part of—
(a) if the premises are lots included in a community titles scheme under the Body Corporate and Community Management Act 1997—the scheme land under that Act for the scheme; or
(b) if the premises are lots under the Building Units and Group Titles Act 1980—the parcel of which the premises form part.
prescribed farming activities means—
(a) cultivating soil; or
Examples—
* clearing, replanting and broadacre ploughing
(b) disturbing soil to establish non-indigenous grasses, legumes or forage cultivars; or
(c) using land for horticulture or viticulture; or
(d) laser levelling or contouring soil.
prescribed offence means an offence against this Act for which the maximum penalty of imprisonment is 2 or more years.
principles of ecologically sustainable development see section 7.
priority group, for water allocations managed under a resource operations licence, means the allocations that have the same water allocation security objective.
private water supply agreement see section 1000.
process—
(a) for sections 39(1)(b), 40(2) and (3), 43(2)(f), 67(a), 116 and 147—includes selling or dealing with water entitlements, interim resource operations licences or resource operations licences by public auction, public ballot or public tender; and
(b) for sections 43(2)(g), 67(a), 116 and 147—includes a direction to the chief executive to grant a water licence to a particular person.
production testing, for chapter 3, see section 362.
prohibited development see the Planning Act, schedule 3.
project direction, for chapter 4A, see section 724(1).
properly made submission means a submission that—
(a) is made by a person invited to make the submission; and
(b) is in writing and is signed by each person who made the submission; and
(c) is received on or before the last day for the making of the submission; and
(d) states the name and address of each person who made the submission; and
(e) states the grounds of the submission and the facts and circumstances relied on in support of the grounds; and
(f) is received by the person stated in the notice inviting the submission.
property service means—
(a) for a water service—the pipes and fittings installed for connecting premises to a service provider's infrastructure; or
(b) for a sewerage service—a junction, bend, pipe, jump up or graded jump up required to connect a sanitary drain or property sewer to a service provider's infrastructure.
property sewer means a sewer for a premises or a premises group.
proposed desired level of service objectives see section 345(2)(a).
proposed plan area—
(a) for a draft water plan—means the part of Queensland to which a water plan, if approved, will apply; or
(b) for a draft resource operations plan—means the part of the plan area for a water plan to which a resource operations plan, if approved, will apply.
publish see section 1009A.
quarry material—
1 Quarry material means material, other than a mineral within the meaning of any Act relating to mining, in a watercourse or lake.
2 Quarry material includes stone, gravel, sand, rock, clay, earth and soil unless it is removed from the watercourse or lake as waste material.
ratepayer, of a water authority that has an authority area, means an owner of land within that authority area.
reasonably believes means believes on grounds that are reasonable in the circumstances.
referable dam see the Water Supply Act, section 341.
regional plan see the Sustainable Planning Act 2009, section 33.
registered owner, of land, means—
(a) the registered owner of the land under the Land Title Act 1994; or
(b) the lessee or licensee of the land under the Land Act 1994.
registered proprietor, of land, see the Land Title Act 1994, schedule 2.
registered service, for a service provider, means a water or sewerage service for which the service provider is registered.
registrar means the registrar appointed under section 167.
regular audit means an audit conducted under section 417.
regulator means the regulator under the Water Supply Act.
relevant company means—
(a) for chapter 8, part 3C, division 1—see section 992G; or
(b) for chapter 8, part 3C, division 2—see section 992K; or
(c) for chapter 8, part 3C, division 3—see section 992M.
relevant underground water rights, for chapter 3, see section 362.
repealed Act means the Water Resources Act 1989.
repealed Acts means the—
(a) repealed GAWB Act; or
(b) repealed Act.
repealed GAWB Act means the Gladstone Area Water Board Act 1984.
report obligation, for chapter 3, see section 362.
residential complex see the Environmental Protection Act 1994, schedule 4.
residential premises means premises used for a residential purpose.
resource operations licence means a resource operations licence granted under chapter 2, part 3, division 5.
resource tenure means—
(a) a mining tenure; or
(b) a petroleum tenure.
resource tenure holder means—
(a) a mining tenure holder; or
(b) a petroleum tenure holder.
responsible entity, for chapter 3, see section 362.
responsible tenure holder, for chapter 3, see section 362.
retail water service—
1 Retail water service means a reticulated water service in a service area for a water service.
2 The term does not include—
(a) an irrigation service or a bulk water service in any area; or
(b) the supply of recycled water in any area.
review decision see section 864(2).
reviewer see section 862(1).
review notice see section 864(3).
riverine protection permit see section 218(1).
sanitary drain means a drain (not including a pipe that is a part of common effluent drainage) that is immediately connected to, and used to carry discharges from, a soil or waste pipe for an individual premises.
scour mark, in relation to a watercourse, means—
(a) a mark made on a bank of the watercourse by the sweeping action of suspended sediments in water during flows in the watercourse; or
(b) a mark that can be identified by weathering stains, or the absence of lichens, on erosion-resistant surfaces of a bank of the watercourse.
* Example of an erosion-resistant surface—
* rock
seasonal water assignment, for an interim water allocation, a water allocation, a seasonal water assignment notice or a water licence, means the assignment by the holder of the allocation, notice or licence of the benefit under the allocation, notice or licence to another person, for a water year, of all or part of the water that may be taken under the allocation, notice or licence.
seasonal water assignment notice means—
(a) for a water allocation—a seasonal water assignment notice granted under a process prescribed by regulation; or
(b) for a water licence—a seasonal water assignment notice granted under chapter 2, part 3, division 2.
seasonal water assignment rules means the rules stated in a regulation, water management protocol or operations manual that allow seasonal water assignments or approval of applications for proposed seasonal water assignments.
self-assessable development means self-assessable development prescribed under the Planning Act, section 232(1).
SEQ bulk supplier see section 360C.
SEQ region see section 341.
SEQ service provider see the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, schedule.
SEQ Water means South East Queensland Water Corporation Limited ABN 14 088 729 766.
service provider means—
(a) a water service provider; or
(b) a sewerage service provider under the Water Supply Act.
service provider water restriction see the Water Supply Act, section 41.
sewerage means a sewer, access chamber, vent, engine, pump, structure, machinery, outfall or other work used to receive, store, transport or treat sewage.
sewerage service means—
(a) sewage treatment; or
(b) the collection and transmission of sewage through infrastructure; or
(c) the disposal of sewage or effluent.
show cause notice means a notice that complies with section 779.
special agreement means a special agreement Act or an agreement contained in a special agreement Act.
special agreement Act means—
(a) for chapter 8, part 3C, division 1—see section 992G; or
(b) for chapter 8, part 3C, division 2—see section 992K; or
(c) for chapter 8, part 3C, division 3—see section 992M.
specified conditions—
(a) for chapter 8, part 3C, division 1—
(i) for the Alcan Queensland Pty. Limited Agreement Act 1965, means the conditions stated in section 29A(2) of the agreement under that Act; or
(ii) for the Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957, means the conditions stated in section 32A(2) of the agreement under that Act; or
(b) for chapter 8, part 3C, division 3—for any special agreement Act, means any condition stated in the special agreement under the special Agreement Act relating to taking or interfering with water.
spring means—
(a) if a feature is identified on the watercourse identification map as a spring—the feature identified on the map; or
(b) otherwise—the land to which water rises naturally from below the ground and the land over which the water then flows.
spring impact management strategy means a spring impact management strategy that complies with section 379.
start day, for a petroleum tenure, for chapter 3, see section 362.
State quarry material means—
(a) quarry material that is the property of the State under section 226; and
(b) if quarry material not mentioned in paragraph (a) is reserved under the Land Act 1994, section 22, and is in a watercourse or lake—the quarry material.
statutory authorisation to take or interfere with water means an authorisation to take or interfere with water under chapter 2, part 3, division 1.
stock purposes, in relation to taking or interfering with water, means—
(a) watering stock of a number that would normally be depastured on the land on which the water is, or is to be, used; or
(b) watering travelling stock on a stock route.
stock route see the Stock Route Management Act 2002, schedule 3.
stormwater drainage means a drain, channel, pipe, chamber, structure, outfall or other work used to receive, store, transport or treat stormwater.
subartesian bore includes a shaft, well, gallery, spear or excavation, and any works constructed in connection with the shaft, well, gallery, spear or excavation, that taps an aquifer and the water does not flow and never has flowed naturally to the surface.
subartesian water means water that occurs naturally in, or is introduced artificially into, an aquifer, which if tapped by a bore, would not flow naturally to the surface.
submissions summary see section 383(1)(b).
submitter means a person who made a properly made submission under this Act.
submitter notice see section 863(3).
subsidiary company, of an entity, means that under the Corporations Act, section 9 the company is a subsidiary of the entity.
SunWater means SunWater Limited ACN 131 034 985.
supply contract means a contract for the storage and supply of water under a water entitlement, a water supply emergency declaration or a water supply emergency regulation.
taking, for water, includes diverting water.
temporary full supply level, for a dam, means the temporary full supply level declared for the dam under the Water Supply Act, chapter 4, part 3.
transfer, of a resource operations licence, an interim resource operations licence or a water allocation, means the passing of the legal or beneficial interest in the licence or allocation.
transferable employee, for chapter 4A, see section 738.
transfer day, for a declared channel scheme, for chapter 4A, see section 718.
transferee, for chapter 2, part 3, division 5, subdivision 3, see section 187(1).
transfer notice, for chapter 4A, see section 723(1).
travelling stock see the Stock Route Management Act 2002, schedule 3.
unallocated State land see the Land Act 1994, schedule 6.
unconsolidated aquifer, for chapter 3, see section 362.
underground water means water that occurs naturally in, or is introduced artificially into, an aquifer.
underground water impact report, for chapter 3, see section 362.
underground water obligation, of a resource tenure holder, for chapter 3, see section 362.
underground water rights—
(a) for the holder of a mining tenure—see the Mineral Resources Act, section 334ZP; or
(b) for the holder of a 1923 Act petroleum tenure under the Petroleum Act 1923—means the taking of water necessarily taken as part of production testing or petroleum production under 1 or more 1923 Act petroleum tenures; or
(c) for the holder of a petroleum tenure under the Petroleum and Gas Act—see the Petroleum and Gas Act, sections 185(2)(a) and 186(3).
urban area means an area identified as an area intended specifically for urban purposes, including future urban purposes (but not rural residential or future rural residential purposes) on a map in a planning scheme under the Planning Act that—
(a) identifies the areas using cadastral boundaries; and
(b) is used exclusively or primarily to assess development applications under that Act.
* Example—
* a zoning map
urban stormwater means water flowing over land, or in drainage pipes, in an urban area.
urban water service means a drinking water service under the Water Supply Act or a retail water service.
vegetation means native plants including trees, shrubs, bushes, seedlings, saplings and reshoots.
volumetric limit, for chapter 2, part 3, division 4, see section 145.
water—
1 Generally, water means all or any of the following—
(a) water in a watercourse, lake or spring;
(b) underground water;
(c) overland flow water;
(d) water that has been collected in a dam.
2 In chapter 2A and section 1163, water also includes recycled and desalinated water, from any source.
water activity, for a water authority, includes an activity for the following—
(a) water conservation;
(b) water supply;
(c) irrigation;
(d) drainage, including stormwater drainage;
(e) flood prevention;
(f) floodwater control;
(g) underground water supply improvement or replenishment;
(h) sewerage;
(i) anything else dealing with water management.
water allocation means an authority granted under section 146 or 147 to take water.
water allocation dealing see section 156.
water allocation dealing rules means the rules under section 158.
water allocation group means a group of water allocations mentioned in a water plan.
water allocation security objective means an objective stated in a water plan to protect the share of water available to the holder of a water allocation.
water allocations register means the register kept under section 148.
water authority means a water authority established under this Act.
water bore means an artesian bore or a subartesian bore.
watercourse see section 5.
watercourse identification map see section 5AA.
water entitlement means a water allocation, interim water allocation or water licence.
water entitlement notice see section 70.
water in a watercourse or lake includes water collected in a dam across the watercourse or lake.
water infrastructure means works operated by the State or the holder of an interim resource operations licence, resource operations licence or other authorisation that is relevant to the management of water entitlements.
water infrastructure owner, for a provision about a licence or a proposed licence, means the owner of the water infrastructure to which the licence or proposed licence applies or will apply.
water level, of an aquifer, for chapter 3, see section 362.
water licence means a licence granted under chapter 2, part 6, division 2.
water management area means—
(a) an area of the State declared under a regulation to be a water management area; or
(b) an area identified in a water plan or a water management protocol as a water management area.
water management protocol see section 67.
water monitoring authority means a water monitoring authority granted under the Mineral Resources Act, the Petroleum Act 1923 or the Petroleum and Gas Act.
water monitoring bore see section 362.
water monitoring strategy means a water monitoring strategy that complies with section 378.
water permit means a permit granted under chapter 2, part 6, division 4.
water plan see section 41.
water planning instrument means a water plan, water management protocol or moratorium notice.
water plan outcomes see section 43(1)(b).
water security includes the reliability of water supply.
water security program means a program that complies with section 353.
water service means—
(a) water harvesting or collection, including, for example, water storages, groundwater extraction or replenishment and river water extraction; or
(b) the transmission of water; or
(c) the reticulation of water; or
(d) drainage, other than stormwater drainage; or
(e) water treatment or recycling.
water service provider means a person registered under the Water Supply Act, chapter 2, part 3 as a service provider for a water service.
water sharing rules means—
(a) for a water entitlement, or other authorisation to take water under this Act, managed under a water management protocol—the water sharing rules included in the protocol; or
(b) for a water entitlement or other authorisation to take water under this Act, managed under a resource operations licence—the water sharing rules included in the licence or operations manual under the licence; or
(c) for a water licence, or other authorisation to take water under this Act, not managed under a water management protocol or resource operations licence—the water sharing rules prescribed by regulation.
Water Supply Act means the Water Supply (Safety and Reliability) Act 2008.
water supply emergency see section 25A.
water supply emergency declaration means a declaration made under section 25B.
water supply emergency regulation see section 25F.
water supply emergency response see section 25C.
water supply scheme means a water supply scheme for which a resource operations licence or interim resource operations licence has been issued.
water supply works means water infrastructure or other works for the supply of water or the storage, distribution or treatment of water.
water use plan see section 58.
water year, for a water management protocol, resource operations licence, operations manual, interim resource operations licence or water licence, means—
(a) the accounting period prescribed by regulation for the protocol, licence or manual; or
(b) until a period is prescribed under paragraph (a)—the accounting period stated in the protocol, licence or manual for taking water under the protocol, licence or manual.
Webbe-Weller review means the document dated March 2009 and called 'Brokering balance: A public interest map for Queensland Government bodies—An independent review of Queensland Government boards, committees and statutory authorities—Part B report'.
* Editor's note—
* A copy of the report is available for inspection at .
weir means a barrier constructed across a watercourse below the outer banks of the watercourse that hinders or obstructs the flow of water in the watercourse.
Wenlock Basin, for chapter 8, part 3C, division 1, see section 992G.
work performance arrangement means an arrangement under which an employee of a government entity performs work for another government entity.
works means—
(a) operations of any kind and all things constructed, erected or installed for the purposes of this Act; and
(b) any land used for the operations.


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