Section 396A — Application of division — Water Act 2000 (Queensland) — Barrister AI

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Section 396A — Application of division — 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

Back595 / 1488Forward

396A

Application of division

In force

396A Application of division

This division does not apply in relation to a resource tenure if—

(a)

the tenure is a CMA tenure; or

(b)

there are no water bores in the area of the tenure.

This Act’s bill:Explanatory memorandum

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