Water Act 2000

This Act may be cited as the Water Act 2000.

The main purposes of this Act are to provide a framework for the following—

the sustainable management of Queensland’s water resources and quarry material by establishing a system for—

the planning, allocation and use of water; and

the allocation of quarry material and riverine protection;

the sustainable and secure water supply and demand management for the south-east Queensland region and other designated regions;

the management of impacts on underground water caused by the exercise of underground water rights by the resource sector;

the effective operation of water authorities.

For subsection (1)(a), sustainable management is management that—

incorporates the principles of ecologically sustainable development; and

allows for the allocation and use of water resources and quarry material for the economic, physical and social wellbeing of the people of Queensland, within limits that can be sustained indefinitely; and

sustains the health of ecosystems, water quality, water-dependent ecological processes and biological diversity associated with watercourses, lakes, springs, aquifers and other natural water systems, including, where practicable, reversing degradation that has occurred; and

recognises the interests of Aboriginal people and Torres Strait Islanders and their connection with water resources; and

enables water resources and quarry material to be obtained through fair, transparent and orderly processes to support the economic development of Queensland; and

builds confidence regarding the availability, security and value of water entitlements and other authorisations; and

promotes the efficient use of water through—

the establishment and operation of water markets; or

the initial allocation of water; or

the regulation of water use if there is a risk of land or water degradation; or

increasing community understanding of the need to use and manage water in a sustainable way; and

facilitates the community taking an active part in planning for the management and allocation of water.

For subsection (2)(g), the efficient use of water—

incorporates water demand management and water conservation measures; or

considers the volume and quality of water required for particular circumstances, including release into the environment.

This Act binds all persons, including the State, and, in so far as the legislative power of the State permits, the Commonwealth and the other States.

Subsection (1) does not apply to—

the operation of the State Development and Public Works Organisation Act 1971; or

the powers of the coordinator-general under the State Development and Public Works Organisation Act 1971.

The dictionary in schedule 4 defines particular words used in this Act.

A watercourse is a river, creek or other stream, including a stream in the form of an anabranch or a tributary, in which water flows permanently or intermittently, regardless of the frequency of flow events—

in a natural channel, whether artificially modified or not; or

in an artificial channel that has changed the course of the stream.

A watercourse includes any of the following located in it—

in-stream islands;

benches;

bars.

However, a watercourse does not include a drainage feature.

Further—

unless there is a contrary intention, a reference to a watercourse in this Act, other than in this part or in the definitions in schedule 4 to the extent they support the operation of this part, is a reference to anywhere that is—

upstream of the downstream limit of the watercourse; and

between the lateral limits of the watercourse; and

a reference in this Act to, or to a circumstance that involves, land adjoining a watercourse, is a reference to, or to a circumstance that involves, land effectively adjoining a watercourse.Note for paragraph (b)—Generally, the non-tidal boundary (watercourse) of land bounded by a watercourse, as provided for under the Survey and Mapping Infrastructure Act 2003, would not correspond precisely with the line of the outer bank of a watercourse under this Act.

In this section—adjoining includes being bounded by, being adjacent to, or abutting.lateral limits, of a watercourse, are the outer bank on one side of the watercourse and the outer bank on the other side of the watercourse.

The chief executive may prepare a map (watercourse identification map) identifying any of the following features—

a watercourse (other than its lateral limits);

the downstream limit of a watercourse;

a drainage feature;

a lake;

a spring.

The watercourse identification map must be—

certified by the chief executive as the watercourse identification map as in force from a stated day; and

published, in digital electronic form, on a Queensland Government website.

A feature identified on the watercourse identification map as a watercourse is taken to be a watercourse (to the extent of its lateral limits) for this Act.

A position or feature identified on the watercourse identification map as the downstream limit of a watercourse is taken to be the downstream limit of the watercourse for this Act.

A feature identified on the watercourse identification map as a drainage feature is taken to be a drainage feature for this Act.

A feature identified on the watercourse identification map as a lake is taken to be a lake for this Act.

A feature identified on the watercourse identification map as a spring is taken to be a spring for this Act.

The chief executive must consult with the chief executive of the department in which the Coastal Protection and Management Act 1995 is administered before identifying a feature on the watercourse identification map as the downstream limit of a watercourse.

In this section—watercourse includes part of a watercourse.

The outer bank, at any location on one side of a watercourse, is—

if there is a floodplain on that side of the watercourse—the edge of the floodplain that is on the same side of the floodplain as the watercourse; or

if there is not a floodplain on that side of the watercourse—the place on the bank of the watercourse marked by—

a scour mark; or

a depositional feature; or

if there are 2 or more scour marks, 2 or more depositional features or 1 or more scour marks and 1 or more depositional features—whichever scour mark or depositional feature is highest.

However, subsection (3) applies if, at a particular location in the watercourse—

there is a floodplain on one side of the watercourse; and

the other side of the watercourse is confined by a valley margin.Examples of valley margin—hill, cliff, terrace

Despite subsection (1)(b), the outer bank on the valley margin side of the watercourse is the line on the valley margin that is at the same level as the outer bank on the other side of the watercourse.

Despite subsections (1) to (3), if under this part the chief executive has declared an outer bank on a side of a watercourse for any length of the watercourse, the outer bank on that side of the watercourse for that length is the outer bank as declared by the chief executive.

To remove any doubt, it is declared that an outer bank of a watercourse—

can not be, or be a part of, an in-stream island, bench or bar located in the watercourse; and

can not be generally closer to the middle of the watercourse than any part of an in-stream island, bench or bar located in the watercourse.

The chief executive may by gazette notice declare an outer bank of a watercourse for a length (the relevant length) of the watercourse.

The chief executive may make a declaration under subsection (1) only if—

it is not reasonably practicable to otherwise identify the outer bank of the watercourse for the relevant length; or

the chief executive is satisfied that the outer bank of the watercourse for the relevant length does not appropriately locate a watercourse for the purposes of the exercise of jurisdiction over watercourses under this Act.

If the chief executive acts under subsection (2)(a), the chief executive must, in making a declaration under subsection (1), take reasonable steps to declare the outer bank consistently with what would have been the location of the outer bank if it had not become impracticable to identify it.

However, a declaration can not have effect to locate an outer bank for any period before the declaration is made.

Domestic purposes, for taking water, means taking water for the following—

household purposes;

watering of animals kept as pets;

watering a garden.

For subsection (1)(c), the combined size of the garden must not exceed an area of 0.5ha.

However, if a water plan states either of the following for this definition, it applies instead of subsection (2)—

a different size for the garden;

a volume of water sufficient to water a different size garden.

In this section—garden includes a lawn.

The following principles are principles of ecologically sustainable development—

decision-making processes should effectively integrate both long-term and short-term economic, environmental, social and equitable considerations;

if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;

the present generation should ensure the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations;

the conservation of biological diversity and ecological integrity should be a fundamental consideration in decision-making;

recognition of the need to develop a strong, growing and diversified economy that can enhance the capacity for environmental protection;

decisions and actions should provide for broad community involvement on issues affecting them.

A water supply emergency is a situation in which there is a demonstrably serious risk the State’s, or a part of the State’s, essential water supply needs will not be met.

The following are examples of circumstances from which a situation mentioned in subsection (1) may arise—

failure of a large part of water supply, treatment or distribution infrastructure or wastewater infrastructure;

extended severe drought conditions;

contamination of a water storage used for essential water supply needs causing the water to be unfit for supply.

In this section—demonstrably, in relation to a serious risk, means the serious risk can be demonstrated by reliable data about water supply.essential water supply needs means water supply for—

domestic purposes; or

essential services, including the generation or distribution of electricity; or

processing or refining minerals or petroleum in the local government area of the Gladstone Regional Council.

The Minister may make a water supply emergency declaration if the Minister is satisfied—

there is a water supply emergency; or

a water supply emergency is developing.

Before making a water supply emergency declaration, the Minister must have regard to other measures, instead of a water supply emergency declaration, that could be taken under this or another Act to deal with the water supply emergency.

The water supply emergency declaration—

has effect from the time it is made by the Minister or the later day stated in the declaration; and

remains in force until the earlier of the following—

the commencement of a regulation dealing with the matters mentioned in the declaration;

the end of 20 business days after the declaration takes effect.

As soon as possible after making a water supply declaration, the Minister must give a copy of the declaration to each service provider to which the declaration applies.

As soon as practicable after making a water supply declaration, the Minister must publish a copy of the declaration in the gazette.