Section 1011 — Delegation by Minister — Water Act 2000 (Queensland) — Barrister AI

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Section 1011 — Delegation by Minister — Water Act 2000 (Queensland) — Barrister AI

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s 1Short title s 2Purposes of Act and their achievement s 3Act binds all persons s 4Definitions s 5Meaning of watercourse s 5AAWatercourse etc. may be mapped s 5AMeaning of outer bank s 5BDeclaration of outer bank s 6Meaning of domestic purposes s 7Meaning of principles of ecologically sustainable development s 10 s 11 s 12 s 19 s 20 s 20A s 20B s 20C s 21 s 22 s 23 s 24 s 25 s 25AMeaning of water supply emergency s 25BDeclaration of water supply emergency s 25CContents of water supply emergency declaration s 25CAAmendment of water supply emergency declaration s 25DMeasures mentioned in a water supply emergency declaration s 25ERequirement to comply with water supply emergency declaration s 25FRegulation about water supply emergency s 25FAAmendment of water supply emergency regulation s 25GMeasures mentioned in a water supply emergency regulation s 25HRequirement to comply with water supply emergency regulation s 25IApproval of, or change to, response s 25JWhen water supply emergency ends s 25KSupply arrangements s 25LRelationship with State Development and Public Works Organisation Act 1971 s 25MAppointment of person to carry out measures or achieve outcomes s 25NEffect of appointee carrying out measures or achieving outcomes s 25ORecovery of costs incurred s 25PRecovery of contributions by the State s 25QQueensland Competition Authority s 25RApplying for compensation s 25SWhen compensation is not payable s 25TRequirement for further information s 25UDeciding application s 25VNotice about decision s 25WProtection of State and Minister from liability s 25XProtection of service provider from liability s 25YObtaining information from a service provider s 25Z s 25ZAApplication for approval to restrict use of subartesian water s 25ZBDeciding application s 25ZCNotice about decision to give approval s 25ZD s 25ZERestriction of subartesian water by water service provider s 26Rights in all water vests in the State s 27State may allow the use of water s 28Limiting or prohibiting taking, or interfering with, water during contamination or water shortages s 29Limiting water taken under water licence, water permit or water allocation s 30Moratorium notices s 31Effect of moratorium notice s 32Offence to contravene moratorium notice s 33Application to vary effect of moratorium notice s 34Reviewing and replacing moratorium notices s 34A s 34D s 35Obtaining water information s 36Notice of works and water use s 36A s 37Planning for the management of water s 38Information for planning s 38A s 39Matters for regulation s 40Chief executive may release unallocated water s 40AChief executive may temporarily release water from reserve s 40BDeciding whether to release water from reserve and considerations for the release s 40CWhen water returns to reserve s 41What is a water plan s 42Minister may prepare a water plan s 43Contents of a water plan s 44Preliminary public consultation s 45Making draft water plan s 46Publishing draft water plan s 47Decision about finalising water plan s 48Effect of a water plan s 49Report on water plan s 49A s 50Amending or replacing a water plan s 50A s 51Preparing an amendment or replacement of water plan s 52 s 52A s 52B s 53Expiry of water plan s 54Postponement of expiry of water plan if water plan is not being replaced s 55Postponement of expiry of water plan while water plan is being replaced s 56Publication of new expiry date for plan s 57Minister may prepare water use plan s 58What is a water use plan s 59Contents of water use plans s 60Making draft water use plan s 61Publishing draft water use plan s 62Decision about finalising water use plan s 63Effect of water use plan s 64Public notice of content of water use plan s 65Amending or replacing a water use plan s 66Preparing an amendment or replacement of a water use plan s 67What is a water management protocol s 68Making a water management protocol s 69Amending or replacing a water management protocol s 70What is a water entitlement notice s 71Making a water entitlement notice s 72Draft water entitlement notice s 73Additional requirements for notices for draft water entitlement notices that establish water allocations s 74Reviewing submissions about draft water entitlement notice s 74A s 75Finalising water entitlement notice s 76Effect of water entitlement notice s 77Publication of approved water entitlement notice s 78When water entitlement notice ceases to have effect s 78A s 78B s 79 s 80 s 81 s 82 s 83 s 84 s 85 s 86 s 87 s 88 s 89 s 90 s 91 s 92 s 93General authorisations to take water s 94General authorisations to interfere with water s 95Aboriginal and Torres Strait Islander parties s 96Land owners may take water for stock or domestic purposes s 97Environmental authorities s 98Resource activities s 99Constructing authorities and water service providers s 99A s 100How this subdivision applies s 101Authorisation that may be altered or limited by water planning instrument s 102Authorisations under water plans or regulation s 103Authorisation to take water for stock or domestic purposes may be limited s 104Definitions for div 2 s 104A s 104B s 104C s 104D s 105Purpose of div 2 s 105A s 106What is a water licence s 106AA s 106A s 107Applying for a water licence s 107A s 107B s 107C s 108Applying for transmission water licence s 108A s 108B s 108C s 109When application may not be made s 110When application may be made s 111Additional information may be required s 111A s 112Public notice of application for water licence s 113Criteria for deciding application for water licence s 114Deciding application for water licence s 115Effect of disposal of part of land to which application for water licence relates s 115A s 116Granting a water licence under a process in a plan or regulation s 117Contents of water licence s 118Conditions of water licence s 118A s 119Where water under certain licences must be used s 119A s 119B s 119C s 119D s 120What are dealings with water licences s 120B s 121Who may apply for dealing with water licence s 121A s 122How to apply for dealing with water licence s 122A s 123Application to amend water licence to add or remove land s 124Water licence remains in force until application for renewal decided s 125Application to reinstate expired water licence s 126Application to relocate water licence s 127Application for a seasonal water assignment s 127A s 127B s 127C s 128Additional information may be required for application for dealings s 128A s 128B s 129When chief executive must refuse application s 129A s 130When application for dealing must be assessed as application for new water licence s 131Recording other dealings s 131AEffect of disposal of part of land relating to particular dealing with water licence s 132Actions chief executive may take in relation to water licences s 133Actions chief executive must take in relation to water licences s 134Amendment of water licence after show cause process s 135Cancellation of water licence s 136Surrender of a water licence s 137Applying for water permit s 137AAdditional information may be required s 138Criteria for deciding application for water permit s 139Deciding application for water permit s 140Contents of water permit s 141Conditions of water permit s 142Cancelling water permit s 143Meaning of element of a water allocation s 144Meaning of maximum rate for div 4 s 145Meaning of volumetric limit for div 4 s 146Converting water entitlements s 146A s 146B s 147Granting water allocations under a process in a plan s 148Relationship between water plans and water allocation s 149Security for supply and storage of water allocation s 150Amending water allocations s 150A s 150B s 151Correcting water allocation when recording the granting or amending s 152Registration details for water allocations s 153Water allocations to which a distribution operations licence applies s 154Preservation of obligation in particular circumstances s 155Disclosure to proposed transferee or lessee of water allocation to which distribution operations licence applies s 156Meaning of water allocation dealing s 157Transfers or leases of water allocations not managed under a resource operations licence s 158Water allocation dealing rules s 159Applying for water allocation dealing consistent with water allocation dealing rules s 160Form and validity of certificate s 161Registering approved application for a water allocation dealing s 162Water allocations may be surrendered s 163Cancelling water allocations s 164Water allocations may be forfeited s 165Dealing with water allocations granted or dealt with through fraud s 166Priority for applying proceeds of sale of water allocations under a power of sale s 167Registrar s 167A s 168Water allocations register s 169Form of register s 169ADelegations by registrar s 169BUse of registrar’s title s 170Interests and dealings that may be registered s 171Effect on priority of notices given under s 73(1)(b)s 172Effect on priority of notices given under s 73(1)(c)s 173Application of Land Title Act 1994 to water allocations register s 174Application of other Acts to the water allocations register s 175Searching water allocations register s 176What is a resource operations licence s 177What is a distribution operations licence s 178Nomination and approval of entity as distribution operations licence holder s 179Content of a resource operations licence or distribution operations licence s 180Chief executive may grant a resource operations licence or distribution operations licence without application s 181Application for resource operations licence or distribution operations licence s 182Deciding application for resource operations licence or distribution operations licence s 183Chief executive must amend a resource operations licence or distribution operations licence for consistency with water plan s 184Holder may apply to amend resource operations licence or distribution operations licence s 184AProcedure if request is made under s 183(5) or 184(6) to refer proposed change to rules to referral panel s 185Chief executive may amend resource operations licence or distribution operations licence in an emergency s 185A s 186Minor, stated or agreed amendments of resource operations licence or distribution operations licence s 186A s 186B s 187Applying for transfer of licence s 188Additional requirements for transfer of distribution operations licence to nominee s 189Additional information may be required s 190Deciding application to transfer licence s 191Approving application to transfer licence s 192Refusing application to transfer licence s 193Amalgamating licences s 194Cancelling licence s 195Procedure for cancelling licence s 196Cancelling licence no longer required s 197Requirement to have an operations manual s 197A s 198Approval of operations manual s 198A s 199Resolving disputes about approval of operations manual s 199A s 199B s 200Application to amend or replace operations manual s 201Operations manual must remain consistent with water plan, resource operations licence and distribution operations licence s 202Preparing regular audit reports s 203Access for conducting a relevant audit s 203AApplication of division s 203BDirection to take action or direction not to take action s 203CDeciding whether to give direction and deciding content of direction s 203DDirection must be complied with s 203EProtection of relevant entity s 203FProtection of State and official from liability s 203GReport by official s 204Purpose of div 6 s 205Application of div 6 s 206Applying for operations licence s 206A s 207Additional information may be required s 208Criteria for deciding application for operations licence s 209Deciding application for operations licence s 210Conditions of operations licence s 211Amending operations licences on application of licensee s 211A s 212Giving show cause notice about proposed amendment of operations licence s 212A s 213When chief executive must amend operations licence s 213A s 214Minor amendment of operations licence s 215Transferring operations licence s 216Surrendering operations licence s 216A s 217Cancelling operations licence s 217APurpose of part s 217BDefinitions for part s 217CApplication of measurement requirements s 217DRegulation may prescribe measurement requirements s 217EUsing measurement devices s 217FUsing measurement plans s 217GFaulty measurement devices or measurement systems s 217HRecord keeping requirements s 217IStandards for measurement requirements s 217JOther matters prescribed by regulation s 218Applying for permit to destroy vegetation, excavate or place fill in a watercourse, lake or spring s 219Additional information may be required s 220Criteria for deciding application s 221Deciding application s 222Amending conditions or cancelling permit s 223Deciding whether to proceed with proposed cancellation or amendment s 224Immediate suspension of riverine protection permit in exceptional circumstances s 225Notice to owner of land to remove vegetation etc.s 226Ownership and management of certain quarry material s 227Applying for allocation of quarry material s 228Additional information may be required s 229Criteria for deciding application for allocation of quarry material s 229A s 229B s 229C s 229D s 229E s 230Deciding application for allocation of quarry material s 231Selling allocation of State quarry material by auction or tender s 232Content of allocation notices s 233Conditions of allocation notices s 234Financial assurance for allocation of quarry material s 235Transferring allocation of quarry material s 236Renewing allocations of quarry material s 236A s 237Amending, suspending or cancelling allocation notice s 238Deciding whether to proceed with proposed amendment, suspension or cancellation of allocation notice s 239Surrendering allocation notice s 240Royalty or price for State quarry material s 241Referral panels s 242Minister may direct chief executive to establish referral panel s 243 s 244 s 245 s 258 s 259 s 266 s 267 s 268 s 269 s 270 s 271 s 272 s 273 s 279 s 280 s 281 s 282 s 283 s 284 s 285 s 286 s 287 s 288 s 289 s 290 s 291 s 291A s 292 s 293 s 299 s 300 s 301 s 302 s 303 s 304 s 305 s 306 s 307 s 308 s 308A s 309 s 310 s 311 s 312 s 313 s 314 s 326 s 327 s 328 s 329 s 330 s 331 s 332 s 333 s 334 s 335 s 336 s 337 s 338 s 339 s 340Main purpose of ch 2A and its achievement s 341What is the SEQ region s 342Designation of regions s 343Nomination of water service providers s 343A s 344Desired level of service objectives s 345Public notice about proposed desired level of service objectives s 346Chief executive must consider properly made submissions s 347Report on desired level of service objectives s 348Review of desired level of service objectives s 348A s 349Definition for div 3 s 350Bulk water supply authority to have water security program s 351Nominated water service providers to have water security program s 352Particular water service providers to have water security program s 353Content of water security program s 354Preparing draft water security program s 355Consultation for draft water security program s 356Chief executive to review draft water security program s 357Special procedures for draft water security program if changes recommended s 358Finalisation and publication of water security program s 359Review of water security program s 360Amendment of water security program s 360AProcedure for amending water security program s 360AA s 360AB s 360AC s 360AD s 360AE s 360AF s 360BDesignated water security entity not required to prepare drought management plan under Water Supply Act s 360CDefinitions for pt 3 s 360DOperation of pt 3 s 360EApplication of pt 3 s 360FObtaining information s 360FA s 360FB s 360FC s 360GMaking agreement s 360HBulk water party may amend non-mandatory terms of agreement s 360IMinister’s direction about agreement amendment s 360JOffence to fail to comply with Minister’s direction about agreement amendment s 360KRecord of bulk water supply agreements s 360LLiability of bulk water parties s 360MMinister’s power to make code s 360NContent of code—costs and prices s 360OContent of code—general s 360PWhen code takes effect s 360QTabling of code s 360RPublication of code s 360SCompliance with code s 360TCivil liability not affected by code s 360TA s 360UConsultation for code s 360VSupply under bulk water supply agreement s 360WMinister may decide cost or price s 360XAmended cost or price s 360YLimitation of review s 360ZMinister’s direction about bulk services supplied by SEQ service provider s 360ZA s 360ZB s 360ZC s 360ZCA s 360ZCAA s 360ZCAB s 360ZCAC s 360ZCAD s 360ZCB s 360ZCC s 360ZCD s 360ZCE s 360ZCF s 360ZCG s 360ZCH s 360ZCI s 360ZCJ s 360ZCK s 360ZCKA s 360ZCKB s 360ZCKC s 360ZCL s 360ZCM s 360ZCN s 360ZCO s 360ZCP s 360ZCQ s 360ZCR s 360ZCS s 360ZCT s 360ZCU s 360ZCV s 360ZCW s 360ZCX s 360ZCY s 360ZCZ s 360ZDA s 360ZDB s 360ZDC s 360ZDD s 360ZDE s 360ZDF s 360ZDG s 360ZDH s 360ZDI s 360ZDJ s 360ZDK s 360ZDL s 360ZDM s 360ZDN s 360ZDO s 360ZDP s 360ZDQ s 360ZD s 360ZE s 360ZF s 360ZG s 360ZH s 360ZI s 361Purpose of ch 3 s 362Definitions for ch 3 s 363Water bores to which ch 3 applies s 364References in ch 3 to resource tenures and holders of resource tenures if the tenure ends s 365Declaring cumulative management areas s 366Obligation to use best endeavours to obtain approvals s 367Obligation to use best endeavours to obtain information s 368Who is a responsible entity s 369Who is a responsible tenure holder s 369AApplication of pt 2 s 370Obligation to give underground water impact report s 370AWhen obligation to give underground water impact report does not apply—exemption for low risk resource tenures s 370BWhen obligation to give further underground water impact report does not apply s 371When obligation to give underground water impact report does not apply—notice of closure s 372Obligation to give notice of closure—general s 373Obligation to give notice of closure—relevant events s 374Obligation to give final report s 375When obligation to give final report does not apply s 376Content of underground water impact report s 376A s 376B s 377Content of final report s 378Content of water monitoring strategy s 379Content of spring impact management strategy s 379AContent of baseline assessment strategy s 379BRequirements for baseline assessment timetable for baseline assessment strategy s 380Identifying responsible tenure holders for cumulative management areas s 381Requirement for consultation s 382Public notice and copies of report s 383Submissions summary s 384Modifying report before approval s 384A s 385Decision on report s 385AStatutory condition of approved underground water impact report s 386Publishing approval and making report available s 387Approved underground water impact report or final report establishes immediately affected and long-term affected areas s 387A s 387B s 387C s 387D s 387E s 388Effect of approved underground water impact report s 388A s 389Effect of approved final report s 390Compliance with approved reports s 390ANotifying office of particular matters related to approved report for cumulative management area s 391Minor or agreed amendments of approved report s 392Direction to propose amendment and consult on proposal s 392ARegular amendments to baseline assessment strategy in approved report for cumulative management area s 393Other amendments s 394What is a baseline assessment s 394AApplication of pt 3 s 395Chief executive may make guidelines s 396Method of undertaking baseline assessment s 396AApplication of division s 397Obligation to prepare baseline assessment plan s 398Requirements for baseline assessment timetable for baseline assessment plan s 398A s 399Approval of baseline assessment plan s 400Compliance with approved baseline assessment plan s 401Application to amend s 402Direction by chief executive to undertake baseline assessment s 403Notice of intention to undertake baseline assessment s 404Bore owner must give information s 405Notice of outcome of baseline assessment s 406Obligation to negotiate general agreement s 407Effect of an agreement under this part s 407A s 407B s 408Definition for pt 5 s 409Make good obligations for water bores s 410Who must comply with make good obligations s 411What is a bore assessment s 412When does a water bore have an impaired capacity s 413Chief executive may make guidelines s 414Method of undertaking bore assessment s 414A s 414B s 414C s 414D s 414E s 414F s 414G s 414H s 414I s 414J s 414K s 414L s 414M s 414N s 415Notice of intention to undertake bore assessment s 416Bore owner must give information s 417Obligation to undertake bore assessment of immediately affected area bore in particular circumstances s 418Direction by chief executive to undertake bore assessment s 419Notice of outcome of bore assessment s 419ADefinition for subdivision s 419BApplication for bore assessment notice s 419CDecision on application s 420What is a make good agreement for a water bore s 420A s 420B s 421What is a make good measure for a water bore s 422Persons bound by make good agreement s 423Requirements about entering into make good agreement s 423ATermination of make good agreement during cooling-off period s 424Negotiating variation of make good agreement s 425Application of div 4 s 426Parties may seek conference or independent ADR s 427Duration of conference or ADR s 428Calling conference s 429Who may attend conference s 429A s 429B s 429C s 429D s 429E s 429F s 429G s 429H s 429I s 429J s 429K s 429Q s 429R s 429S s 429T s 430What happens if a party does not attend s 431Authorised officer’s role s 432Statements made at conference s 433Negotiated agreement s 433AParties may request arbitration s 433BArbitrator’s functions s 433DApplication of Commercial Arbitration Act 2013 s 433ECosts of arbitration s 433FEffect of arbitrator’s decision s 434Deciding dispute through Land Court after unsuccessful conference or ADR s 435Provisions for making decision s 436Provisions for deciding any compensation s 437Land Court’s decision binds successors and assigns s 437AArbitrator’s decision binding on successors and assigns s 437BRegular reporting to office s 438Application of make good obligations to particular bores s 439Continuation of underground water obligations s 440Resource tenure holder may start complying with make good obligations before final report approved s 441Right of entry after resource tenure ends to comply with particular obligations s 442 s 443 s 444 s 445 s 446 s 447 s 448Application of div 1 s 449Chief executive may direct resource tenure holder to carry out water monitoring activities s 450Application of div 2 s 451Power to give direction s 452Offence to fail to comply with direction s 453Chief executive may take action and recover costs s 454Directions to resource tenure holders and bore owners to give information s 454AObtaining information from resource tenure holders about compliance with make good obligations s 455Establishment s 456Functions of office s 457General powers of office s 458Advice to chief executive s 459Office to keep and maintain database s 460Obtaining information about underground water from resource tenure holders s 461Advisory bodies s 462Membership of office s 463Manager of the office s 464Appointment of manager s 465Eligibility for appointment s 466Term of appointment s 467Functions of the manager s 468Powers of the manager s 469Independence in performing functions s 470Manager not to engage in other paid employment s 471Vacancy in office of manager s 472Termination of appointment s 473Delegation s 474Preservation of rights as public service officer s 475 s 476Office staff s 477Alternative staffing arrangements s 478Groundwater Impact Assessment Fund s 479Annual levy s 479ARecovery of levy s 480Payment of amounts into Groundwater Impact Assessment Fund s 481Payment of amounts from Groundwater Impact Assessment Fund s 482Administration of Groundwater Impact Assessment Fund s 482ADefinition for part s 483Public access to database s 484Resource tenure holder access to information s 485Chief executive’s access to information s 486 s 487 s 488 s 489 s 490 s 491 s 492 s 493 s 494 s 495 s 496 s 497 s 498 s 499 s 500 s 514 s 515 s 516 s 517 s 518 s 519 s 520 s 542Purposes of ch 4 s 548Establishing water authorities s 549Categories of water authorities s 550Water authority is a body corporate etc.s 551Application of particular Acts to a water authority s 552 s 553 s 554 s 555 s 556Amending establishment regulation s 557Considering submissions on amending establishment regulation s 569Main function of water authority s 570Other functions of water authority s 571Establishment as a water authority is not a right to water entitlement or resource operations licence s 572Power to make and levy rates and charges s 573Exemption from rates s 574 s 575Discount for payment of rates and charges s 576Recovering rates and charges s 577Power to take land s 578Purposes for which land may be taken s 579Delegation s 580Notice of proposed significant action s 581Minister may require information s 582Statement of operations s 583Identification and disclosure of cross-subsidies s 584Water authority may enter into work performance arrangements s 585Duties and liabilities of water authority officers s 597Board of directors s 598Role of board s 598A s 599Number of directors s 600Appointment s 601Chairperson s 602Disqualification as director s 603Criminal history report s 603A s 603B s 604Term s 604A s 605Resignation s 606Suspension and removal of director s 607Vacancy in office s 608Acting director s 609Category 2 water authority board must seek and nominate suitable candidates s 609ARemoval of all directors of board s 609BAdministration of water authority if no board s 610Disclosure of interests s 611Declaration about duty to act in authority’s interest s 612Prohibition on loans to directors s 613Water authority not to indemnify officers s 614Water authority not to pay premiums for particular liabilities of officers s 615Director’s duty to prevent insolvent trading s 616Court may order compensation s 617Examination of persons concerned with water authorities s 618Power to grant relief s 619False or misleading information or documents s 619AApplication s 620Time and place of meetings s 621Conduct of proceedings s 622Participation in meetings by telephone etc.s 623Minutes s 624Fees and allowances s 625 s 626 s 627 s 628 s 629 s 630 s 631 s 632 s 633 s 634 s 637Meaning of commercialisation s 638Key commercialisation principles s 639Category 1 water authorities subject to commercialisation s 640Key objectives of category 1 water authority s 641 s 642 s 643 s 644 s 645Category 1 water authority must have corporate plan s 646Guidelines for corporate plans s 647Draft corporate plan s 648Special procedures for draft corporate plan s 649Corporate plan on agreement s 650Corporate plan pending agreement s 651Modifying corporate plan s 652Category 1 water authority must have performance plan s 653Content of performance plan s 654Preparing draft performance plan s 655Special procedures for draft performance plan s 656Performance plan on agreement s 657Performance plan pending agreement s 658Modifying performance plan s 659Treasurer may issue tax equivalents manual s 660Payment of dividends s 661Interim dividends s 662 s 663 s 675Minister’s power to notify water authority of public sector policies s 676Minister’s power to give directions in public interest s 677 s 678Notice of suspected insolvency because of notice or direction s 690Amalgamating water authorities and authority areas s 691Dissolution of water authority and authority area s 691ADistribution contract applying for particular water allocations s 692Public notice of proposed amalgamation or dissolution s 693 s 694Considering submissions on proposed amalgamation or dissolution s 695Water authority may request its dissolution s 695AClosed water activity agreement s 696Procedure before authority is dissolved to convert to alternative institutional structures s 697Recovering amalgamation or dissolution costs s 698 s 699 s 700 s 700AProcess for transfer s 701Definitions for div 3 s 701ANotification for conversion to 2 or more alternative institutional structures s 702Vesting of assets, rights and liabilities s 703Continuing legal proceedings s 704Existing employees s 705State undertakes non-transferable civil liability s 706Non-liability for State taxes s 707Water authority to help local government for transfer s 717Recovering water authority’s establishment costs s 718Definitions for chapter s 719What is a declared project s 720What is a declared channel scheme s 721What is an irrigation entity s 722Minister may declare transfer day for declared channel scheme s 723Transfer notice s 724Project direction s 725Resource authorities unaffected s 725ARent payable if perpetual lease issued or transferred to irrigation entity s 726Particular easements s 727Unregistered easements s 728Compensation not payable to any person for action under s 727 s 729Third party licences preserved s 730Subleases and licences under Land Act 1994 s 731Disapplied mediation provisions s 732Application of Land Act 1994 and registration s 733Permits to occupy under Land Act 1994 s 734Ancillary works and encroachments under Transport Infrastructure Act 1994 s 735Approvals for Transport Infrastructure Act 1994, s 255 s 736Access across irrigation channels s 737What is the employee register for a declared channel scheme s 738Who is a transferable employee s 738ATransfer of transferable employees s 738BPreservation of rights of transferable employees s 738CIndividual contracts of employment s 738DApplication of part s 738EIrrigation entity becomes water service provider s 738FNo notice to regulator required s 738GMigration of customers s 738HIssuing of distribution operations licence to irrigation entity s 738ISupply contracts applying for particular water allocations s 738JPower to charge fees for drainage services under supply contract s 738JABulk water contracts s 738JBDrainage contracts s 738KEnvironmental authorities s 738LLicensing as a ground distribution contractor under Agricultural Chemicals Distribution Control Act 1966 s 738MApplication of part s 738NProviding irrigation services not a monopoly business activity s 738OApplication of Co-operatives National Law (Queensland)s 738P s 738QDuty to facilitate declared projects s 738RConfidentiality agreement with irrigation entity s 738SDisclosure and use of information for declared project s 738TNon-liability for State taxes, charges or fees s 738UDisposal of public records s 738VApplication of instruments s 738WDocuments applying to SunWater and an irrigation entity s 738XRegistering authority to note transfer or other dealing s 738YAct applies despite other laws and instruments s 738ZExcluded matter for Corporations Act s 738ZAEffect on legal relationships s 738ZBApproval under Government Owned Corporations Act 1993, s 139 s 738ZCThings done under chapter s 738ZDLimitation of review s 738ZESeverability s 738ZFEvidentiary aids s 738ZGDelegations s 738ZHReferences to SunWater s 738ZI s 738ZJExpiry of chapter s 738ZKSaving of operation of chapter s 739Appointment and qualifications of authorised officers s 740Functions and powers of authorised officers s 741Conditions of appointment of authorised officers s 742Authorised officer’s identity card s 743Failure to return identity card s 744Producing or displaying identity card s 745Definition for div 2 s 746Power to enter land to monitor compliance s 747Power to enter land in relation to information collection s 748Power to enter land to search for unauthorised activities s 748A s 749Power to enter places for other purposes s 750Entry with consent s 751Applying for warrant s 752Issue of warrant s 753Special warrants s 754Warrants—procedure before entry s 755General powers after entering places s 756Failure to help authorised officer s 757Failure to give information s 757ASeizing evidence s 757BSecuring seized things s 757CTampering with seized things s 757DPowers to support seizure s 757EReceipts for seized things s 757FForfeiture by authorised officer s 757GForfeiture on conviction s 757HDealing with forfeited things s 757IReturn of seized things s 757JAccess to seized things s 758Power to require name and address s 759Failure to give name or address s 760Power to require production of documents s 761Failure to certify copy of document s 762Failure to produce document s 763Power to require information s 764Giving notice of damage s 765Compensation for damage s 766Purpose of div 7 s 767Chief executive’s power to obtain criminal history report s 768Criminal history is confidential document s 778 s 779General requirements for show cause notices s 780Who may give a compliance notice s 781General requirements for compliance notices s 782Compliance with compliance notice s 783Chief executive may take action and recover costs s 784Proceeding for orders s 785Proceeding brought in a representative capacity s 786Making interim enforcement order s 787Proceeding for enforcement order without notice s 788Making enforcement order s 789Effect of orders s 790Court’s powers about orders s 791Contributing to cost of bringing proceeding s 792Parties to pay own costs for proceedings s 808Unauthorised taking, supplying or interfering with water s 808ATaking water in excess of volume or rate allowed under water entitlement s 809Using water contrary to water use plan s 810 s 811Tampering with devices s 812Contravening conditions of water entitlement, seasonal water assignment notice or water permit s 812A s 812B s 813Contravening licence condition s 814Destroying vegetation, excavating or placing fill without permit s 815Removing quarry material s 816Unauthorised water bore drilling activities s 817Contravening requirements for mining and petroleum drilling s 818Contravening condition of water bore driller’s licence s 819False or misleading advertising s 820Taking water without operations licence s 821 s 822 s 823 s 824 s 824A s 824B s 825False or misleading statements s 826False or misleading documents s 827Obstructing and impersonating authorised officers s 828Executive officer may be taken to have committed offence s 829Persons taken to have committed particular offences s 851Who is an interested person s 861Appeal or external review process starts with internal review s 862Who may apply for internal review s 863Applying for an internal review s 864Review decision s 865Stay of operation of original decision s 877Who may appeal or apply for external review s 878Starting an appeal to the Land Court s 879Staying operation of review decision s 880Hearing procedures s 881Assessors s 882Powers of court on appeal s 891 s 892 s 893 s 894 s 895 s 896 s 918Application of pt 1 s 919Appearance s 920Appointments and authority s 921Evidentiary aids s 931Proceedings for offences s 932Who may bring proceedings for offences s 933Proceeding brought in a representative capacity s 934Magistrates Court may make orders s 935Costs involved in bringing proceeding s 936Responsibility for acts or omissions of representatives s 955Governor in Council may appoint administrator to operate infrastructure s 956Effect of administrator operating infrastructure s 957 s 958 s 959Displacement provision for Corporations legislation s 966Particular applications for removal of quarry material s 966A s 966B s 966C s 967Applications for levees s 968 s 968A s 969 s 970 s 971 s 972 s 972A s 972BWhen appeal may be made to Land Court s 972C s 972DAdditional rights for permits for operational work s 972E s 972F s 972GRelationship with Planning Act s 972HModification or removal of works s 972IRemoval of quarry material s 972JModification or removal of levees s 972KApplication of sdiv 2 s 972LDirection is a compliance notice s 972MWhen direction takes effect s 972NDirection prevails over development permit s 972OOffence to fail to comply with direction s 973Appointment and qualifications of measurement contractors s 974Measurement contractor’s identity card s 975Failure to return identity card s 976Producing or displaying identity card s 977Power to enter places for stated purposes s 978Obstructing measurement contractors s 979Giving notice of damage s 980Compensation for damage s 981Applying for water bore driller’s licence s 982Additional information may be required s 983Deciding application for water bore driller’s licence s 983AConditions of water bore driller’s licence s 983BApplying to amend water bore driller’s licence s 983CGiving show cause notice about proposed amendment of water bore driller’s licence s 983DDeciding proposed amendment of water bore driller’s licence s 983EMinor or stated amendments of water bore driller’s licence s 983FRenewing water bore driller’s licence s 983GReinstating expired water bore driller’s licence s 983HSuspending water bore driller’s licence s 983ICancelling water bore driller’s licence s 983JProduction of licence to authorised officer s 983KFailure to return suspended, cancelled or expired licence s 983LRecords of water bores drilled s 983MReplacing lost or destroyed water bore driller’s licence s 984Definitions for pt 3 s 985Application of pt 3 s 986Particular reductions in allocation’s value s 986AApplication of div 3 s 986BCompensation entitlement s 986CDesignated plans and replacements s 986DPrescribed area plans s 986EInterim water resource plans s 986FCompensation entitlement s 986GRestrictions s 986HRegulation-making power s 986IWater plan to identify particular changes s 986JMaking water management plans by declaration s 987Limiting compensation for reduced value of entitlement to water s 988Time limits for claiming compensation s 989Time limits for deciding and advising on claims s 990Deciding claims for compensation s 991Calculating reasonable compensation involving changes s 992When compensation is payable s 992AAuthority held by Mount Isa Mines Limited under special agreement Act s 992BApplication of pt 3B s 992CRequirement for supply contract s 992DChief executive may approve standard supply contract s 992ECustomer of a service provider s 992FCost of installing and maintaining meters s 992GDefinitions for div 1 s 992HApplication of div 1 s 992IContinuation of authority and grant of water licence to replace authority s 992JAmendment of water licence that replaces authority s 992KDefinitions for div 2 s 992LContinuation of authority and grant of water licence s 992MDefinitions for div 3 s 992NApplication of div 3 s 992ORelevant company may request water entitlement s 992PEffect of grant of water entitlement on existing authority to take or interfere with water under the special agreement s 993Power to collect drainage rates s 994Exemption from drainage rates s 995Interest on overdue drainage rates s 996Discount for payment of drainage rates s 997Recovering drainage rates s 998 s 999Minister’s and Treasurer’s power to give joint directions to corporatised entity s 1000Entering private water supply agreements s 1001Registration of private water supply agreement s 1002When agreement has effect s 1003Amending a private water supply agreement s 1003AChief executive may approve standard agreement s 1003BCondamine and Balonne Resource Operations Plan amended s 1003CGulf Resource Operations Plan amended s 1004 s 1004A s 1005Advisory councils s 1006Declarations about watercourses s 1006AUnderground water may be declared to be overland flow water s 1007Records to be kept in registries s 1008 s 1009Public inspection and purchase of documents s 1009APublishing under this Act s 1010Protecting officials from liability s 1010ANon-disclosure of commercially sensitive information s 1011Delegation by Minister s 1012Delegation by chief executive s 1013Approved forms s 1013AAAcceptance of particular requests and applications not in the approved form s 1013AFees and charges payable to the chief executive s 1013BNon-payment of fees or charges s 1013CFees—payment methods s 1013CAFees—evidence and timing of payment s 1013CBFees for titles registry functions s 1013CCForfeiture of fee on rejecting instrument s 1013CDFee not payable for particular matters s 1013DMinister’s and Treasurer’s power to give joint directions to bulk water supply authority s 1013EAdvice to administering Minister about commission of particular offences s 1014Regulation-making power s 1014ASpecial regulation-making power to support outer bank identification s 1015Particular documents to be tabled in the Legislative Assembly s 1037Local government authorities s 1037AOther continuing authorities s 1038 s 1039 s 1040 s 1041 s 1042 s 1043 s 1044 s 1045 s 1045A s 1046Declared underground water areas s 1047 s 1048Existing applications s 1048AExisting licences, permits and approvals s 1048BExisting trade waste approvals s 1049 s 1050 s 1051 s 1052 s 1053 s 1054 s 1055 s 1056 s 1057Reinstating particular expired licences s 1058Reinstating particular expired licences in former water areas s 1060 s 1061 s 1062 s 1063 s 1064 s 1065Application of sdiv 1 s 1065AAAdditional ground for amending safety condition of environmental authority s 1065ATransitional provision for dams containing hazardous waste s 1065ABApplication of sdiv 2 s 1066Application of ch 3, pt 6, div 1 to other dams s 1067Failure impact assessing existing unlicensed dams s 1068Failure impact assessing prescribed licensed dams s 1069Failure impact assessing licensed dams not prescribed s 1070Failure impact assessing small licensed dams s 1071Existing flood mitigation manuals s 1083Continuing former water areas and former water boards—general s 1083AFormer water areas without water boards s 1084Continuing Gladstone Area Water Board s 1085 s 1086 s 1087Existing employees of former water boards s 1088Authorised works in former water areas s 1089Existing authorities to take, or interfere with, water s 1089AConversion of existing authorities to take water s 1090Existing contracts to supply water under repealed GAWB Act s 1091References to former water areas and former water boards s 1092 s 1093 s 1107 s 1108Delegated powers taken to have been validly exercised s 1109Definitions for div 2 s 1110Application of div 2 s 1111Granting interim resource operations licence to corporatised entity s 1112 s 1113Granting interim water allocations to customers under interim resource operations licences s 1114Authorities under pt 4 or 9 of the repealed Act s 1115 s 1116Minister must approve standard supply contracts s 1117Supply under written agreements or orders in council s 1117A s 1118 s 1119 s 1121 s 1122 s 1121A s 1129References in Acts and documents s 1130 s 1131 s 1132 s 1133References to water in a watercourse or lake s 1134 s 1135 s 1135A s 1136 s 1136A s 1136BNotices given under s 101(1)(b) and (1)(c)s 1136CEffect of disposal of part of land to which interim water allocation attaches s 1136DEffect of acquisition of part of land to which interim water allocation attaches s 1136E s 1136F s 1136G s 1136H s 1137Declaration for s 999 s 1138 s 1139Waiver of water meter charges s 1140Definitions for div 6 s 1141 s 1142Provision for particular existing licences s 1143 s 1144 s 1145 s 1146 s 1147 s 1148 s 1149 s 1150 s 1151Applications for change to water allocation s 1153Application of provision about guidelines for rate notice or account for water supply s 1154Application of provision about water advices s 1155 s 1156 s 1157 s 1158 s 1159 s 1160 s 1161 s 1162 s 1163 s 1164 s 1165References to particular entities in relevant water resource plans s 1166 s 1167 s 1168Existing draft resource operation plans s 1169Enactment of amendment of water resource plans does not affect nature of plan s 1170Continuing application of ch 8, pt 2 s 1171Continuing application of s 21 s 1172Transition for jurisdictional change for existing licence or permit s 1173 s 1174 s 1175 s 1176 s 1177 s 1178 s 1179Definition for div 16 s 1180 s 1181Existing agreements between petroleum tenure holders and bore owners s 1182Definitions for div 17 s 1183 s 1184 s 1185 s 1186 s 1187 s 1188 s 1189 s 1190Stated amendments of water resource plan s 1191 s 1192 s 1193 s 1194 s 1195 s 1196Stated amendments of resource operations plan s 1197Existing draft water resource plans, draft amending water resource plans and draft new water resource plans to replace existing water resource plans s 1198 s 1199 s 1200Continuation of provisions relating to replacement of expired licence under old s 229(3)s 1201Application of s 289(6)s 1202 s 1203Existing process to amend Water Resource (Condamine and Balonne) Plan 2004 s 1204 s 1205 s 1206 s 1207Particular notices are taken to be chief executive’s or owners’ notices s 1208 s 1209 s 1210Definitions for div 19 s 1211Transfer of funds into Groundwater Impact Assessment Fund s 1212Notices to pay levy s 1213Definitions for sdiv 3 s 1214Application of sdiv 3 s 1215Transfer scheme s 1216Transfer notice s 1217Process after transfer notice s 1218Continuing authorities s 1219References in supply agreements to particular transferring entities s 1220Definitions for sdiv 4 s 1221Existing grid contracts s 1222Existing customer contracts s 1223 s 1224 s 1225 s 1226Continuation of system operating plan s 1227Delayed application of ss 350–352 s 1228 s 1229 s 1230 s 1231Particular underground water impact reports taken to have been given by the office s 1232Expenditure Advisory Committee s 1233First manager of the office s 1234 s 1235Term of existing water licence s 1236Continuation of existing water resource plans s 1237Land and water management plans s 1238Changes affecting category 1 water authority boards s 1239Validation relating to Mount Isa Water Board s 1240Removal of particular records from registries s 1241 s 1242References to section 20 of this Act s 1243Definitions for div 2 s 1244Existing applications s 1245Existing permits s 1246Destruction of vegetation carried out under guidelines s 1247Existing levees s 1248References to particular provisions of this Act s 1249 s 1250Definitions for pt 8 s 1250AApplication of division s 1250BDefinitions for division s 1250CAssociated water licence s 1250DApplying for an associated water licence s 1250ECriteria for deciding application s 1250FDeciding application s 1250GContents and conditions of associated water licence s 1250HDealings s 1250IApplication for dealings s 1250JApplication to renew, or reinstate expired, associated water licence s 1250KAdditional information may be required for application for dealings s 1250LWhen dealing must be assessed as if it were for a new associated water licence s 1250MRecording other dealings s 1250NActions chief executive may take in relation to associated water licences s 1250OAmendment of associated water licence after show cause process s 1250PCancellation or surrender of associated water licence s 1250QApplication for water licence made but not decided before commencement s 1250RCompliance with underground water rights on granting of licence s 1250SAssociated water licence taken to be water licence for particular provisions s 1250TConsideration when making decisions about associated water licence s 1250UAgreement between holder of mining tenure and water bore s 1251Existing authorisations continue to have effect s 1252Limitations and prohibitions relating to water in force before commencement s 1253Continuation under the amended Act of notices or documents published by Minister or chief executive s 1254Request or notice by chief executive under unamended Act s 1255Submissions made to Minister under unamended Act s 1256Water resource plans taken to be water plans s 1256ADeciding application for water licence under section 113 s 1257References to water resource plans taken to be references to water plans s 1258Notices given, or submissions made, to chief executive under unamended Act s 1259Stated provisions of a resource operations plan are taken to be, or are included in, or to be read and construed with, other documents s 1259AReference in particular plans to unamended Act provision that has a corresponding provision s 1260Provisions of resource operations plan taken to be included in a resource operations licence s 1261Provisions of a resource operations plan taken to be an operations manual s 1262Provisions of resource operations plan taken to be included in a distribution operations licence s 1263Provisions of resource operations plan taken to be included in a water licence s 1264Provisions of resource operations plan taken to be included in a water plan s 1265Provisions of Burnett water resource plan taken to be included in operations manual or resource operations licence s 1266References to resource operations plans s 1267Request to water infrastructure operators to provide proposed arrangements for management of water s 1268Applications made but not decided before commencement s 1269Applications decided but not given effect before commencement s 1270Certificates or notices about water allocations continue under the amended Act s 1271Interim resource operations licences and interim water allocations s 1272Applications about a water licence under unamended Act if required notice has not been published s 1273Notices published about an application under unamended Act s 1273AApplication for reinstatement or replacement of particular water licences that expired under old ss 221 or 229 as previously in force or under the repealed Act s 1273BParticular water licences taken to be in force from day of initial expiry s 1274Show cause process started before commencement s 1275Referral panels continued under amended Act s 1276 s 1277Special provision for particular petroleum tenure holders s 1278Provision for old s 365 (Declaring cumulative management areas)s 1279Provision for existing agreements between mining tenure holders and bore owners s 1280Continuation of effect of ss 812A and 812B s 1280AWhen reporting and monitoring requirements prescribed both by regulation and water planning instrument s 1280BContent of underground water impact report s 1281 s 1282Validation of formation and actions of Lower Herbert Water Management Authority s 1283Validation of taking of, or interfering with, underground water by holders of particular mineral development licences and mining leases s 1284Existing development applications s 1285Unfinished process provided by water plan for release of particular unallocated water s 1286Amending water plan to remove process for release of particular unallocated water s 1286AApplication of requirement for water plan to state desired cultural outcomes s 1287Application of particular matters Minister must consider in making draft water plan s 1288Amendment of existing distribution operations licence or resource operations licence by agreement s 1289References to SEQ Water s 1290Election notice s 1291Continued effect of former s 213A s 1292Definitions for division s 1293Number of directors comprising boards of water authorities s 1294Directors for water authorities s 1295Chairpersons of boards of water authorities s 1296Continuation of holding of office of particular directors s 1297Removal of director for category 2 water authority by Minister even if appointed by Governor in Council s 1298Vacancy in office if director nominated by local government s 1299Nomination or election of directors for water authority s 1300Notice in gazette of proposed change in composition of board of water authority s 1301Approved forms continue s 1302Definitions for division s 1303Continued application of former s 112 to particular applications for water licences and dealings with water licences s 1304Application of new s 113 to particular applications for water licences and dealings with water licences s 1305Application of new s 130 to particular applications for dealings with water licences s 1306Modified application of s 1250D s 1307Modified application of s 1250L s 1308Application of s 1250L to particular applications for dealings with associated water licences s 1309Modified application of s 1293 s 1309AApplication of s 385A s 1309BExisting metering contractors s 1310Validation of postponement of expiry of particular water resource plans s 1311Definitions for part s 1312Application of former ss 370 and 376 for particular underground water impact reports s 1313Application of new s 370B(5) in relation to report amended after commencement s 1314Application of new s 390A in relation to existing underground water impact report s 1315Amendment of existing underground water impact report to include baseline assessment strategy s 1316Application of new s 392A in relation to existing underground water impact report s 1317Baseline assessment plans for CMA tenures approved before commencement s 1318Baseline assessment plans for CMA tenures given, but not approved, before commencement s 1319Make good agreements for water bores entered into before commencement s 1320Continuation of requirement to advise chief executive of make good agreement entered into before commencement s 1321Reporting period for first regular report after commencement s 1322Application of annual levy Schedule 4 — Dictionary

Section Whole Act

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1011

Delegation by Minister

In force

1011 Delegation by Minister

The Minister may delegate the Minister’s powers under this Act to an appropriately qualified public service officer or employee.

This Act’s bill:Explanatory memorandum

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