Bills and explanatory notes from legislation.qld.gov.au; explanatory and second reading speeches from the Queensland Parliament Record of Proceedings. Links open the official source in a new tab.
This regulation may be cited as the Water Regulation 2016.
2Commencement
This regulation commences on the commencement of the Water Reform and Other Legislation Amendment Act 2014, section 68.
3Definitions
The dictionary in schedule 19 defines particular words used in this regulation.
4Purpose of division
The purpose of this division is to support the application of the provisions of the Act relating to the identification of watercourses and establishing the location of outer banks of watercourses.
5Meaning of terms used in division
(1)
If a term used in this division is defined in chapter 1, part 2 of the Act, or in schedule 4 of the Act to the extent it supports the operation of chapter 1, part 2 of the Act, the term has the same meaning in this division and in schedule 1.
(2)
However, a reference to a watercourse is not intended to be limited in the way provided for in section 5(4) of the Act.
6Diagram depicting different valley reaches
Diagram A in schedule 1, part 1 depicts in overview the upper, middle and lower valley reaches of a valley drained by a typical watercourse.
7Explanations and accompanying cross-section diagrams for typical upper valley reach
Schedule 1, part 2—
(a)
gives an explanation of the characteristics of a typical upper valley reach and associated watercourse; and
(b)
includes a diagram (diagram B) in cross-section form that depicts the natural features that are likely to be found in a typical upper valley reach; and
(c)
includes a diagram (diagram C) in cross-section form that depicts the natural features that are likely to be found in a typical watercourse in an upper valley reach and that can help in locating outer banks.
8Explanations and accompanying cross-section diagrams for typical middle valley reach
Schedule 1, part 3—
(a)
gives an explanation of the characteristics of a typical middle valley reach and associated watercourse; and
(b)
includes a diagram (diagram D) in cross-section form that depicts the natural features that are likely to be found in a typical middle valley reach; and
(c)
includes a diagram (diagram E) in cross-section form that depicts the natural features that are likely to be found in a typical watercourse in a middle valley reach and that can help in locating outer banks.
9Explanations and accompanying cross-section diagrams for typical lower valley reach
(1)
Schedule 1, part 4—
(a)
gives an explanation of the characteristics of a typical lower valley reach and associated watercourse; and
(b)
includes a diagram (diagram F) in cross-section form that depicts the natural features that are likely to be found in a typical lower valley reach; and
(c)
includes a diagram (diagram G) in cross-section form that depicts the natural features that are likely to be found in a typical watercourse in a lower valley reach and that can help in locating outer banks.
(2)
Schedule 1, part 4 also includes—
(a)
a diagram (diagram H) in cross-section form that depicts the natural features that are likely to be found in a typical lower valley reach where 2 or more watercourses in the form of anabranches are contained within the valley; and
(b)
a diagram (diagram I) in cross-section form that depicts the natural features that are likely to be found in typical watercourses in a lower valley reach where the valley contains 2 or more watercourses in the form of anabranches, and that can help in locating outer banks in a multiple watercourse environment.
10Additional information about applicability of cross-section diagrams
(1)
For any valley, a particular valley reach could contain a section of valley reach, or a section of watercourse within a section of valley reach, that is not typical, having regard to the valley reach and watercourse cross-sections depicted in schedule 1, parts 2, 3 and 4.
Example—
The cross-section of part of a middle valley reach of a particular watercourse might more closely resemble what is typical for an upper valley reach cross-section, and the cross-section of part of a lower valley reach of a particular watercourse might more closely resemble what is typical for a middle valley reach cross-section.
(2)
Accordingly, a cross-section diagram could be used to help in the location of an outer bank, regardless of the valley reach in which the section of watercourse under consideration is located.
11Explanation about valley margins
(1)
Schedule 1 includes a number of references to valley margins.
(2)
A reference to a valley margin, in relation to a valley drained by a watercourse, is intended as a reference to the bedrock feature that forms a lateral extent of the valley floor.
(3)
A valley margin could consist of a hill, cliff, ridge or mountain, but this will generally vary according to where the valley margin is situated in the valley as a whole.
Example—
A valley margin in an upper valley reach could be a mountain, but in a lower valley reach, a valley margin is likely to be no higher than a ridge.
12Explanation about terraces
(1)
Schedule 1 includes a number of references to terraces.
(2)
A reference to a terrace, in relation to a valley drained by a watercourse, is intended as a reference to an abandoned floodplain that is situated above an active floodplain associated with the watercourse.
(3)
A terrace is formed when floodplains are abandoned during down-cutting into the valley floor by base level change in the form of tectonic activity, by shifts in sediment load or by changes in the flow regime of the watercourse.
