Barron transitions from resource operations plan to water plan · Provisions of the Barron Resource...

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Provisions of the Barron Resource Operations Plan taken to be included in the Water Plan (Barron) 2002 – Act ss. 1259 and 1264 Note: This document includes a number of provisions that were previously located in the Barron Resource Operations Plan. In accordance with section 1259(2)(e) of the Water Act 2000 1 the provisions contained in this document, including any associated attachments, are to be read as being provisions of the Water Plan (Barron) 2002. This means that, despite not currently being located in the water plan these provisions carry the same authority and are subject to the same legislative requirements as the provisions contained in the water plan. References to the Water Act 2000, Water Resource (Barron) Plan 2002 and Barron Resource Operations Plan contained herein are as per the Barron Resource Operations Plan prior to 6 December 2016, which will be amended by the Office of Queensland Parliamentary Counsel when amending the water plan to include these provisions. 1 On 6 December 2016 amendments to the Water Act 2000 made by the Water Reform and Other Legislation Amendment Act 2014, came into effect.

Transcript of Barron transitions from resource operations plan to water plan · Provisions of the Barron Resource...

Page 1: Barron transitions from resource operations plan to water plan · Provisions of the Barron Resource Operations Plan taken to be included in the Water Plan (Barron) 2002 – Act ss.

Provisions of the Barron Resource Operations Plan taken to be included in the Water Plan (Barron) 2002 – Act ss. 1259 and 1264

Note: This document includes a number of provisions that were previously located in the Barron Resource Operations Plan. In accordance with section 1259(2)(e) of the Water Act 20001 the provisions contained in this document, including any associated attachments, are to be read as being provisions of the Water Plan (Barron) 2002. This means that, despite not currently being located in the water plan these provisions carry the same authority and are subject to the same legislative requirements as the provisions contained in the water plan.

References to the Water Act 2000, Water Resource (Barron) Plan 2002 and Barron Resource Operations Plan contained herein are as per the Barron Resource Operations Plan prior to 6 December 2016, which will be amended by the Office of Queensland Parliamentary Counsel when amending the water plan to include these provisions.

1 On 6 December 2016 amendments to the Water Act 2000 made by the Water Reform and Other Legislation Amendment Act 2014, came into effect.

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This publication has been compiled by Water Policy of Policy and Program Support, Department of Natural Resources and Mines. © State of Queensland, 2017 The Queensland Government supports and encourages the dissemination and exchange of its information. The copyright in this publication is licensed under a Creative Commons Attribution 3.0 Australia (CC BY) licence. Under this licence you are free, without having to seek our permission, to use this publication in accordance with the licence terms.

You must keep intact the copyright notice and attribute the State of Queensland as the source of the publication. Note: Some content in this publication may have different licence terms as indicated. For more information on this licence, visit http://creativecommons.org/licenses/by/3.0/au/deed.en The information contained herein is subject to change without notice. The Queensland Government shall not be liable for technical or other errors or omissions contained herein. The reader/user accepts all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using this information.

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Contents

Chapter 1 Preliminary ...................................................................................................................... 4

7 Resource operations plan zones..................................................................................... 4 Chapter 4 Unsupplemented surface water ...................................................................................... 5

63 Application of division 1 ................................................................................................... 5

64 Applications to be refused ............................................................................................... 5

65 Applications to amend a water licence to increase the daily volumetric limit.................. 5 Chapter 5 Groundwater .................................................................................................................... 7

71 Applications for a water licence in the Atherton groundwater management area .......... 7 Attachment 2 Maps—Resource operations plan zones ................................................................ 8

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Chapter 1 Preliminary

7 Resource operations plan zones Each zone, shown on the maps in attachment 2, is a resource operations plan zone

for this plan.

Each zone, shown in attachment 2, maps 1, 2, 3 and 4, includes—

(a) each part of a watercourse, lake or spring that lies within the zone; and

(b) those sections of tributaries where there is access to flow or pondage from a watercourse or lake within the zone.

Each zone, shown in attachment 2, map 5, applies to each part of an aquifer for the Atherton groundwater management area that lies within the zone.

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Chapter 4 Unsupplemented surface water

Part 2 Water licence dealings

Division 1 Dealing with water licence applications

63 Application of division 1 This division applies to each application for a water licence made under sections 206

or 216 of the Water Act 2000 if granting the application would have one or more of the following effects—

(a) increase the nominal entitlement for taking water;

(b) increase the interference with water;

(c) change the location from which water may be taken;

(d) increase the daily volumetric limit at which water may be taken; or

(e) change the conditions under which water may be taken.

This division applies even if the application was made before the commencement of this plan.

This division does not apply to—

(a) an application made under the following provisions of the Water Act 2000—

(i) section 221—reinstating an expired water licence;

(ii) section 224—amalgamating water licences;

(iii) section 225—subdividing a water licence; and

(iv) section 229—effect of disposal of part of the land to which a water licence attaches.

(b) an application to interfere with, or increase the interference with, water in a watercourse, lake or spring by impounding flow of water made in accordance with part 5A, division 3 of the Water Resource (Barron) Plan 2002;

(c) an application for unallocated water made in accordance with part 5, division 2 of the Water Resource (Barron) Plan 2002.

64 Applications to be refused The chief executive must refuse an application to which this division applies unless this division explicitly provides for granting the application.

65 Applications to amend a water licence to increase the daily volumetric limit A change to the daily volumetric limit of a water licence is permitted provided the daily

volumetric limit does not result in a volume that is greater than the daily volumetric limit specified in schedule 8 of the Water Resource (Barron) Plan 2002, having regard

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to the pump size stated on the development permit associated with the water licence at the day of commencement of this plan; and

The chief executive is satisfied that a change to the daily volumetric limit will not cause a significant adverse effect on availability of water for existing water entitlement holders in the zone where the water is taken.

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Chapter 5 Groundwater

Part 1 Water licence dealings

Division 1 Water licence applications

71 Applications for a water licence in the Atherton groundwater management area This section applies to each application for a water licence made under sections 206

or 216 of the Water Act 2000 if granting the application would have the effect of increasing the total nominal entitlement for taking water in the Atherton groundwater management area.

This section also applies to an application made before the commencement of this plan.

This section does not apply to an application made under the following provisions of the Water Act 2000—

(a) section 221—reinstating an expired licence;

(b) section 224—amalgamating water licences;

(c) section 225—subdividing a water licence; and

(d) section 229—effect of disposal of part of the land to which a water licence to take water attaches.

The chief executive must refuse the application.

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Attachment 2 Maps—Resource operations plan zones

section 7

Map 1 – Supplemented surface water zones

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Map 2 – Subcatchment area C zones

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Map 3 – Subcatchment area H zones

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Map 4 – Subcatchment area A zones

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Map 5 – Atherton groundwater management area zones