WATER REGULATION 2016

Queensland Subordinate Legislation as Made

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WATER REGULATION 2016

- Made under the State Penalties Enforcement Act 1999
- As at 2 December 2016
- Reg 216 of 2016

TABLE OF PROVISIONS

PART 1 - PRELIMINARY

Division 1 - Introduction

1. Short title
2. Commencement
3. Definitions

Division 2 - Watercourse identification and outer bank location

Subdivision 1 - Preliminary

4. Purpose of division
5. Meaning of terms used in division

Subdivision 2 - Supporting provisions

6. Diagram depicting different valley reaches
7. Explanations and accompanying cross-section diagrams for typical upper valley reach
8. Explanations and accompanying cross-section diagrams for typical middle valley reach
9. Explanations and accompanying cross-section diagrams for typical lower valley reach
10. Additional information about applicability of cross-section diagrams
11. Explanation about valley margins
12. Explanation about terraces

PART 2 - WATER RIGHTS AND PLANNING

Division 1 - Collecting information about water

13. Notice of works and water use—Act, s 36

Division 2 - Unallocated water

Subdivision 1 - Reserving unallocated water

14. Particular unallocated water reserved—Act, s 39
15. Public consultation

Subdivision 2 - Processes for releasing unallocated water

16. Public auction, tender, fixed price sale or grant for a particular purpose—Act, s 39
17. Public notice of availability of water
18. Terms of sale or grant
19. Failure to complete purchase
20. Selling water after auction or tender process
21. Sale of water may be withdrawn

Division 3 - Minister’s reports on water plans

22. Minister’s reports on water plans—Act, s 49

PART 3 - STATUTORY AUTHORISATIONS TO TAKE OR INTERFERE WITH WATER

Division 1 - Constructing authorities

23. Prescribed purpose for which constructing authority may take water—Act, s 99
24. Prescribed conditions on taking water by constructing authority—Act, s 99

Division 2 - Authorised taking of, or interference with, water without water entitlement

25. Prescribed activities—Act, s 101

PART 4 - MATTERS RELATING TO WATER LICENCES

Division 1 - Preliminary

26. Prescribed entities—Act, s 104, definition prescribed entity

Division 2 - Water sharing rules

27. Water sharing rules—Act, schedule 4, definition water sharing rules
28. Nominal entitlement
29. Announced entitlement
30. Annual entitlement

Division 3 - Transfer, amendment or amalgamation of water licences—Act, section 126

Subdivision 1 - Particular water licences may be transferred etc.

31. Particular water licences may be transferred, amended or amalgamated

Subdivision 2 - Process for dealing with application

32. Purpose of subdivision
33. Definitions for subdivision
34. Application to transfer, amend or amalgamate water licences
35. Criteria for deciding application
36. Deciding application
37. Intention to proceed
38. Completion of transfer, amendment or amalgamation

Division 4 - Seasonal water assignments and rules—Act, section 127
39. Seasonal water assignments and rules—Act, s 127

Division 5 - Effects of land dealings or acquisition of land on water licences

Subdivision 1 - Effects of land dealings on water licences

40. Effect of licensee ceasing to be an owner of land
41. Effect of disposal of part of land to which water licence to take water attaches
42. Effect of disposal of part of land to which water licence to interfere with water attaches

Subdivision 2 - Effects of acquisition or disposal of land on water licences

43. Effect of acquisition or disposal of part of land

PART 5 - WATER ALLOCATIONS

Division 1 - Criteria for establishing elements of particular proposed water allocations

Subdivision 1 - Criteria

44. Criteria and application of criteria—Act, s 39

Subdivision 2 - Establishing nominal volumes

45. Nominal volume based on nominal entitlement
46. Nominal volume based on assessment of water taken under existing authorisation

Subdivision 3 - Establishing volumetric limits

47. Volumetric limit based on limit stated on existing authorisation
48. Volumetric limit based on area stated on existing authorisation
49. Volumetric limit if no limit is stated on existing authorisation
50. Maximum rate for water allocation based on rate stated on existing authorisation
51. Maximum rate for water allocation based on related development permit
52. Maximum rate for water allocation based on other considerations
53. Daily volumetric limit for water allocation based on rate stated on existing authorisation
54. Daily volumetric limit for water allocation based on related development permit
55. Daily volumetric limit for water allocation based on other considerations

Subdivision 4 - Establishing conditions of water allocation

56. Conditions for taking water

Division 2 - Seasonal water assignments

Subdivision 1 - Seasonal water assignments for water allocations not managed under resource operations licence

57. Application of subdivision
58. Applying for a seasonal water assignment
59. Deciding application
60. Conditions of seasonal water assignment notice

Subdivision 2 - Seasonal water assignments for water allocations managed under resource operations licence

61. Arrangement for seasonal water assignment

Division 3 - Water allocation dealing rules applying to the whole of the State

Subdivision 1 - Purpose and application of division

62. Purpose and application of division—Act, s 158

Subdivision 2 - Process for applying for and deciding particular water allocation dealings

63. How application must be made
64. Public notice of application for water allocation dealing
65. Additional information may be required
66. Applicant to pay reasonable cost of investigating application
67. Deciding application
68. Chief executive to give notice of decision

Subdivision 3 - Permitted water allocation dealings

69. Permitted amalgamation of water allocations
70. Permitted subdivision of a water allocation

Subdivision 4 - Assessed water allocation dealings

71. Main purpose of this subdivision
72. Particular water allocation dealings to be assessed and notice of application published
73. Criteria for assessing particular dealings

Division 4 - Registering water allocations and interests and dealings for water allocations

74. Prescribed registration details for water allocations—Act, s 152
75. Locations of offices of the registry—Act, s 168
76. Documents that may be lodged in the registry—Act, s 168

PART 6 - WATER SUPPLY AND DEMAND MANAGEMENT

Division 1 - Desired level of service objectives and water security program

Subdivision 1 - Definitions for division

77. Definitions for division

Subdivision 2 - Desired level of service objectives

78. Desired level of service objectives—Act, s 344
79. Projected regional average urban demand for SEQ region
80. Bulk water drought supply
81. Minimum operating levels and essential minimum supply volume

Subdivision 3 - Water security program

82. Content of water security program—Act, s 353

Division 2 - Water supply arrangements for SEQ region

83. Declaration of bulk water customers—Act, s 360C, definition bulk water customer

PART 7 - ANNUAL LEVY FOR UNDERGROUND WATER MANAGEMENT—ACT, SECTION 479

Division 1 - Preliminary

84. Purpose and explanation of part
85. Definitions for part
86. Office’s estimated costs
87. Relevant sub-blocks and classes of relevant sub-blocks

Division 2 - Working out annual levy

88. Amount of total annual levy
89. Apportionment of office’s estimated costs to each relevant sub-block
90. Apportionment of annual levy among petroleum tenure holders

Division 3 - Collecting annual levy

91. Requirements for notice of annual levy
92. Payment of annual levy

PART 8 - WATER AUTHORITIES

93. Continuation of water authorities established under establishment regulation
94. Continuation of amalgamated water authorities

PART 9 - INVESTIGATIONS, ENFORCEMENT AND OFFENCES

95. Authorised taking of water—Act, s 808
96. Excavating or placing fill in a watercourse, lake or spring—Act, s 814
97. Requirements for decommissioning a water bore—Act, s 817

PART 10 - RELATIONSHIP WITH PLANNING ACT

Division 1 - Works for taking or interfering with water
Note—

98. Particular works that are self-assessable development or assessable development—Act, s 39
99. Code for self-assessable development

Division 2 - Levees

100. Prescribed volume of material for fill—Act, sch 4, definition levee
101. Construction of new levees and modification of existing levees
102. Code for IDAS for development applications for construction or modification of particular levees—Act, s 967

PART 11 - METERING

Division 1 - Preliminary

103. Purpose of part
104. How purpose is to be achieved
105. Definitions for part

Division 2 - Metered entitlements

106. Approved meter—Act, sch 4, def approved meter
107. Metered entitlements—Act, sch 4, def metered entitlement
108. Chief executive may give meter notice to holder of authorisation or owner of works

Division 3 - Validation of meters

109. Appointment and qualifications of authorised meter validator
110. Installed or maintained meter not approved meter unless validated
111. Existing meter not approved meter unless revalidated by revalidation date
112. Holder of metered entitlement or owner of works may arrange validation inspection on a meter

Division 4 - Reading meters

113. Chief executive may require meter reading by holder of metered entitlement or owner of works
114. Meter reading by chief executive

Division 5 - Charges

115. Meter operating charge
116. Meter use charge
117. Metering exit charge

Division 6 - Ownership

118. Ownership of meters
119. Transfer of approved meters that are the property of the State
120. Approved meter that does not comply with non-urban metering standard may stop being approved meter

Division 7 - Miscellaneous

121. Specifications issued by chief executive

PART 12 - WATER BORE DRILLERS

122. Classes of licence—Act, s 981
123. Water bore driller’s licence endorsements—Act, s 981
124. Qualifications or experience for class 1 licence—Act, s 981
125. Qualifications or experience for class 2 licence—Act, s 981
126. Qualifications or experience for class 3 licence—Act, s 981
127. Conditions of water bore driller’s licence—Act, s 983A
128. Records of water bores drilled—Act, s 983L

PART 13 - DECLARATIONS ABOUT WATERCOURSES

129. Water declared to be water in a watercourse—Act, s 1006

PART 14 - FEES, CHARGES ETC.

Division 1 - Fees

Subdivision 1 - General provisions

130. Fees

Subdivision 2 - Water licence fees

131. Water licence fee

Subdivision 3 - Fees for continuing interim water allocations

132. Fees for continuing interim water allocations

Division 2 - Charges for water allocated, supplied or taken

133. Charges for water allocated, supplied or taken
134. Notice for payment of charges

Division 3 - Royalty for State quarry material

135. Royalty for State quarry material—Act, s 240

Division 4 - Drainage rates

136. Drainage rates—Act, s 993

PART 15 - MISCELLANEOUS PROVISIONS

Division 1 - Water management areas

137. Water management areas
138. Changing boundaries of water management areas

Division 2 - Underground water areas

139. Declared underground water areas—Act, s 1046
140. Critical distances for non-stock or domestic water bores in particular underground water areas

Division 3 - Former water areas

141. Continuing former water areas—Act, s 1083

Division 4 - Other matters

142. Accounting period—Act, sch 4, definition water year

PART 16 - REPEAL AND TRANSITIONAL PROVISIONS

Division 1 - Repeal provision

143. Repeal

Division 2 - Transitional provisions

144. Declared water management areas
145. References to repealed regulation

PART 17 - AMENDMENT OF OTHER SUBORDINATE LEGISLATION

146. Subordinate legislation amended
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9
SCHEDULE 10
SCHEDULE 11
SCHEDULE 12
SCHEDULE 13
SCHEDULE 14
SCHEDULE 15
SCHEDULE 16
SCHEDULE 17
SCHEDULE 18
SCHEDULE 19
SCHEDULE 20

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