Water Plan (Georgina and Diamantina) 2004

This water plan may be cited as the Water Plan (Georgina and Diamantina) 2004.

The following are the purposes of this plan—

to define the availability of water in the plan area;

to provide a framework for sustainably managing water and the taking of water;

to identify priorities and mechanisms for dealing with future water requirements;

to provide a framework for reversing, where practicable, degradation that has occurred in natural ecosystems, including, for example, stressed rivers;

to regulate the taking of overland flow water.

The dictionary in schedule 3 defines particular words used in this plan.

This plan applies to the area shown as the plan area on the map in schedule 1.

The exact location of the plan area boundary is held in digital electronic form by the department.

The information held in digital electronic form can be reduced or enlarged to show the details of the boundary.

Editor’s note—

The boundary location in digital electronic form may be inspected at the department’s head office, Brisbane.

This plan applies to the following water in the plan area—

surface water;

overland flow water, other than water in springs connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies;

hydraulically-linked groundwater not connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies.

In subsection (1)—

surface water means the following—

water in a watercourse or lake;

water in springs not connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies.

Water is to be allocated and managed in a way that seeks to achieve a balance in the following outcomes—

to make water available to sustain current levels of, and to support growth in, economic activity in the plan area while recognising the social and cultural values of communities in the basins;

to achieve ecological outcomes consistent with maintaining the ecological integrity and natural function of in-stream, wetland and floodplain ecosystems, both in the plan area and downstream of the plan area in South Australia, including, for example, maintaining—

pool habitats, and native plants and animals associated with the habitats, in watercourses; and

the near pristine condition of the riverine habitats and associated native plants and animals in the basins; and

the natural abundance and species richness of native plants and animals associated with habitats within watercourses, riparian zones, floodplains and wetlands; and

active river-forming processes, including sediment transport; and

connections between waterholes, particularly at times of low flow;

to maintain, both in the plan area and downstream of the plan area in South Australia, water quality at levels that maintain the ecological integrity and natural function of in-stream and floodplain ecosystems and the viability of economic, social, cultural and other activities that do not threaten the integrity and function;

to promote a continual improvement in water use efficiency, both in the plan area generally and on individual properties;

to promote improved understanding of the matters affecting the health of riverine and associated systems in the basins;

consistency with the Lake Eyre Basin Agreement Act 2001.

This part states the strategies for achieving the outcomes mentioned in part 3.

The strategies—

form part of a broad framework for the management of natural resources; and

complement other activities for advancing the sustainable management of water.

The chief executive must not make a decision, about the allocation or management of water in the plan area, that would increase the total volume of water that may be taken in the plan area.

Subsection (1) does not apply to a decision—

about a water permit; or

about reinstating or replacing an expired authorisation; or

under the Planning Act; or

to grant a water licence to a local government for town water supply purposes; or

to grant a water licence to an owner of land, other than land adjoining a watercourse, lake or spring, to take water for stock or domestic purposes using works that were in existence before 21 November 2001; or

about unallocated water, made under section 18.

A person may not take overland flow water other than—

for stock or domestic purposes; or

under an authority under section 12; or

under an authorisation; or

unallocated water granted to the person under the resource operations plan; or

overland flow water—

of not more than the amount necessary to satisfy the requirements of—

an environmental authority under the Environmental Protection Act 1994; or

a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994; or

that is contaminated agricultural runoff water.

In this section—

contaminated agricultural runoff water has the meaning given by the ‘Code for Assessable Development for Operational Works for Taking Overland Flow Water’.

Editor’s note—

A copy of the code is available on the department’s website.

In deciding an application under the Act about taking overland flow water, the chief executive must consider whether granting the application is likely to adversely affect—

cultural values, including, for example, cultural values of local Aboriginal communities; or

natural aquatic ecosystems, including, for example, natural wetlands; or

users of overland flow water downstream of the area to which the application relates; or

connections between waterholes, particularly at times of low flow; or

the floodplain downstream of the area to which the application relates.

Note—

See the Planning Regulation 2017, schedule 7, section 5 and schedule 10, section 29 for how the Planning Act regulates operational work involving taking overland flow water.

However, subsection (1) does not apply to an application—

for a water permit; or

to reinstate or replace an expired licence.

Subsection (2) applies to the owner of land on which either of the following is situated—

existing works;

works that—

are a reconfiguration of existing works; and

do not increase the average annual volume of water taken above the average annual volume taken using the existing works.

The owner may continue to take overland flow water, using the works—

for 1 year after the commencement of this plan; and

if the owner gives the chief executive notice of the works, in the approved form, and any further information required by the chief executive about the works—after the notice and information are given.