Queensland Consolidated Regulations

WATER REGULATION 2002

TABLE OF PROVISIONS

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Definitions

           Part 2--Allocation and sustainable management

           Division 1A--Water planning

   3CA.    Notice of works and water use—Act, s 37
   3D.     Requirement for land and water management plan—Act, s 73

           Division 1B--Implementing water resource plans

   3E.     Water allocations register—Act, s 127
   4.      Locations of offices of the registry—Act, s 148
   5.      Documents that may be lodged in the registry—Act, s 148

           Division 1C--Processes for granting unallocated water
           Subdivision 1--Preliminary

   5A.     Application of div 1C
           Subdivision 2--Competitive processes
   5B.     Application of sdiv 2
   5C.     Public notice of auction or tender
   5D.     Sale notice about auction or tender
   5E.     Conditions for auction or tender
   5F.     Failure to complete purchase after auction or tender
   5G.     Selling water after auction
   5H.     Sale of water may be withdrawn
           Subdivision 3--Process without competition
   5I.     Application of sdiv 3
   5J.     Public notice of availability of water
   5K.     Availability of water may be withdrawn

           Division 2--Interim allocation and management arrangements
           Subdivision 1--General

   6.      Nominated persons—Act, s 168
   7.      Entities—Act, ss 190 and 193
   8.      Transferring interim water allocation to other land—Act, s 195
   9.      Application for approval to transfer interim water allocation
   10.     Deciding application for approval
   11.     Decision to refuse to approve proposed transfer
   12.     Decision to approve proposed transfer without conditions
   13.     Decision to approve proposed transfer with conditions
   13A.    Approval under s 13
   13B.    Completion of transfer of interim water allocation
           Subdivision 2--Interim water allocations for Julius Dam water supply scheme
   13C.    Granting interim water allocations—Act, s 201
   13D.    Application of sdiv 2
   13E.    Expiry of relevant interim water allocation and grant of new allocations

           Division 3--Water licences

   14.     Entities—Act, ss 206 and 213
   14A.    Water licence fee
   15.     Seasonal water assignments and rules—Act, s 230
           Division 3A Transfer of water licences--Act, s 223
   15A.    Application of div 3A
   15B.    Definitions for div 3A
   15C.    Application to transfer, amend or amalgamate water licences
   15D.    Additional information may be required
   15E.    Criteria for deciding application
   15F.    Deciding application
   15G.    Intention to proceed
   15H.    Completion of transfer, amendment or amalgamation

           Division 4--Catchment areas

   16.     Catchment areas—Act, s 258

           Division 5--Quarry materials

   17.     Royalty for State quarry material—Act, s 292

           Division 6--Water bore drillers

   18.     Classes of licence—Act, s 299
   19.     Water bore driller's licence endorsements—Act, s 299
   20.     Qualifications or experience for class 1 licence—Act, s 299
   21.     Qualifications or experience for class 2 licence—Act, s 299
   22.     Qualifications or experience for class 3 licence—Act, s 299
   23.     Conditions of water bore driller's licence—Act, s 302
   24.     Records of water bores drilled—Act, s 313

           Part 3--Infrastructure and service

   25.     Section numbers 25-30 not used

           Part 4--Water authorities

   31.     Water authorities established—Act, s 548
   32.     Returning officer for election of directors—Act, s 598
   32A.    Procedures for election of directors
   32B.    Election of directors by mail or at meeting
   32C.    Notice of election at meeting
   32D.    Appointment of proxy for election at meeting
   32E.    Minutes of meeting for election
   33.     Roll of voters
   34.     Nominations for election by mail
   34A.    Nominations for election at meeting
   35.     When ballot must be held
   36.     Preparing ballot papers
   37.     Distributing voting material for election by mail
   37A.    Distributing ballot papers for election at meeting
   38.     How long ballot for election by mail is open
   39.     Voting in election by mail
   39A.    Voting in election at meeting
   40.     How returning officer must deal with voting material for election by mail
   41.     Scrutiny
   42.     Initial scrutiny of voting material for election by mail
   43.     Counting votes
   44.     What happens if votes for 2 or more candidates are equal
   45.     Declaring election result
   46.     Filling casual vacancies
   47.     Substantial compliance
   48.     Conduct of special ballot—Act, s 695
   48A.    Employing offices for water authorities established—Act, s 625

           Part 5--Investigations, enforcement and offences

   49.     Destroying vegetation in a watercourse, lake or spring—Act, s 814
   50.     Excavating in a watercourse, lake or spring—Act, s 814
   51.     Placing fill in a watercourse, lake or spring—Act, s 814
   52.     Requirements for decommissioning a water bore—Act, s 817

           Part 6--Miscellaneous provisions

   52A.    Authorised taking of water—Act, s 808
   53.     Drainage rates—Act, s 993
   54.     Downstream and upstream limits of watercourses—Act, s 1006(1)
   55.     Water declared to be water in a watercourse—Act, s 1006(2)
   56.     Water management areas
   57.     Changing boundaries of water management areas
   58.     Charges for water allocated, supplied or taken—Act, s 1014
   59.     Minimum charge
   60.     Notice for payment of charges
   60A.    Prescribed organisation and program—Act, s 1014
   61.     Drainage and embankment areas—Act, s 1014
   61A.    Code against which development applications assessed—Act, s 1014
   62.     Code for self-assessable development—Act, s 1014
   62A.    Accounting period—Act, sch 4, definition water year
   63.     Fees
   64.     Water sharing rules
   65.     Nominal entitlement
   66.     Announced entitlement
   67.     Annual entitlement

           Part 7--Metering

           Division 1--Preliminary

   68.     Purpose of pt 7
   69.     How purpose is to be achieved

           Division 2--Meter installation

   70.     Metered entitlement notice
   70A.    Notice of no existing works
   71.     Metering information notice
   72.     Meter assessment notice
   73.     Site preparation by holder or owner
   74.     Meter installation by holder or owner

           Division 3--Metered entitlements

   75.     Declaration of metered entitlements
   76.     Metering service charge—Act, s 1014

           Division 4--Miscellaneous

   77.     Ownership of approved meters
   78.     Meter reading by holder of metered entitlement or owner of works
   79.     Meter reading by chief executive
   80.     Metering exit charge—Act, s 1014
   80A.    Metering assessment charge
   81.     Specifications issued by chief executive

           Part 8--Water supply emergency (SEQ Region)

   82.     Purpose of pt 8
   83.     Definitions for pt 8
   84.     Water supply emergency to which pt 8 applies
   85.     Part of State to which pt 8 applies
   86.     Service providers to which pt 8 applies
   87.     Measures to be carried out
   87A.    Directions by service provider
   88.     Outcomes to be achieved
   89.     Directions for giving water supply emergency response
   90.     Works to be carried out by coordinator-general
   91.     Costs
   92.     Offence not to comply with service provider's directions
   93.     Confidential information

           Part 9--Transitional provisions

           Division 1--Transitional provisions for water bore drillers

   99.     Qualifications or experience for water bore driller's licences—Act, s 299
   100.    Period for which licence has effect—Act, s 302
   101.    Conditions of class 1 water bore driller's licence—Act, s 302

           Division 2--Transitional provision for allocation and sustainable management

   102.    Declared subartesian areas—Act, s 1046

           Division 3--Transitional provision for failure impact assessing of dams

   103.    Failure impact rating—Act, ss 1067 and 1068

           Division 4--Transitional provision for former water areas

   104.    Continuing former water areas—Act, s 1083

           Division 5--Miscellaneous transitional provisions

   105.    Continuing areas as water management areas
   106.    Water charges
   107.    Application for approval to transfer interim water allocation
   108.    When changes to particular water charges have effect
   109.    When conditions of supply contract do not apply—Act, s 1117A(2)

           Division 6--Transitional provisions for Water Amendment Regulation (No. 1) 2005

   110.    Water licences mentioned in s 60A
   111.    Effect of change to date water year ends

           Division 7--Transitional provisions for Water and Other Legislation Amendment Regulation (No. 1) 2005
           Subdivision 1--Water charges

   112.    Application of new water charges
           Subdivision 2--Granting particular interim water allocations
   113.    Purpose of sdiv 2
   114.    Application of sdiv 2
   115.    Application for interim water allocation
   116.    Application for interim water allocation to take surface water
   117.    Application for interim water allocation to take groundwater
   118.    Deciding application for groundwater
   119.    When interim water allocation takes effect
   120.    Amending interim resource operations licence

           Division 8--Transitional provisions for Water Amendment Regulation (No. 4) 2006
           Subdivision 1--Water charges accrued on 31 December 2005

   121.    Definitions for sdiv 1
   122.    References to unamended regulation
   123.    Adjustment of minimum charge
   124.    Adjustment of meter charges
           Subdivision 2--Water charges under previous pt 8
   125.    Definitions for sdiv 2
   126.    Non-application of previous pt 8 water charges
   127.    Other refunds of previous pt 8 water charges
           Subdivision 3--Water charges from 1 July 2006
   128.    New water charges payable from 1 July 2006
   129.    Minimum fee for particular management areas

           Division 9--Transitional provision for Water Amendment Regulation (No. 1) 2009

   130.    Water licence fee for existing water licences and applications
           SCHEDULE 1 -- PERSONS NOMINATED FOR THE ACT, SECTION 168
           SCHEDULE 2 -- ENTITIES--ACT, SECTIONS 190, 193, 206 AND 213
           SCHEDULE 3 -- TRANSFERRING INTERIM WATER ALLOCATION
           SCHEDULE 4 -- SEASONAL WATER ASSIGNMENTS
           SCHEDULE 5 -- CATCHMENT AREAS
           SCHEDULE 6 -- WATER AUTHORITIES
           SCHEDULE 6A -- EMPLOYING OFFICES FOR WATER AUTHORITIES
           SCHEDULE 7 -- DRAINAGE RATES
           SCHEDULE 8 -- DOWNSTREAM AND UPSTREAM LIMITS
           SCHEDULE 9 -- DRAINAGE AND EMBANKMENT AREAS
           SCHEDULE 10 -- WATER SHARING RULES
           SCHEDULE 10A -- SERVICE PROVIDERS
           SCHEDULE 10B -- MEASURES
           SCHEDULE 10C -- OUTCOMES
           SCHEDULE 10D -- WATER SUPPLY EMERGENCY RESPONSE FOR OUTCOMES
           SCHEDULE 11 -- SUBARTESIAN AREAS
           SCHEDULE 12 -- FAILURE IMPACT RATING
           SCHEDULE 13 -- AUTHORITY AREAS
           SCHEDULE 14 -- WATER CHARGES
           SCHEDULE 15 -- ROYALTIES
           SCHEDULE 15A -- METERED ENTITLEMENTS
           SCHEDULE 16 -- FEES
           SCHEDULE 17 -- DICTIONARY
           Endnotes