Queensland: Water Act 2000 (Qld)

Water Act 2000 An Act to provide for the sustainable management of water and the management of impacts on underground water, and for other purposes Chapter 1 Preliminary Part 1 Introduction 1 Short title This Act may be cited as the Water Act 2000. 2 Purposes of Act and their achievement (1) The main purposes of this Act are to provide a framework for the following— (a) the sustainable management of Queensland's water resources and quarry material by establishing a system for— (i) the planning, allocation and use of water; and (ii) the allocation of quarry material and riverine protection; (b) the sustainable and secure water supply and demand management for the south-east Queensland region and other designated regions; (c) the management of impacts on underground water caused by the exercise of underground water rights by the resource sector; (d) the effective operation of water authorities. (2) For subsection (1)(a), sustainable management is management that— (a) incorporates the principles of ecologically sustainable development; and (b) allows for the allocation and use of water resources and quarry material for the economic, physical and social wellbeing of the people of Queensland, within limits that can be sustained indefinitely; and (c) sustains the health of ecosystems, water quality, water-dependent ecological processes and biological diversity associated with watercourses, lakes, springs, aquifers and other natural water systems, including, where practicable, reversing degradation that has occurred; and (d) recognises the interests of Aboriginal people and Torres Strait Islanders and their connection with water resources; and (e) enables water resources and quarry material to be obtained through fair, transparent and orderly processes to support the economic development of Queensland; and (f) builds confidence regarding the availability, security and value of water entitlements and other authorisations; and (g) promotes the efficient use of water through— (i) the establishment and operation of water markets; or (ii) the initial allocation of water; or (iii) the regulation of water use if there is a risk of land or water degradation; or (iv) increasing community understanding of the need to use and manage water in a sustainable way; and (h) facilitates the community taking an active part in planning for the management and allocation of water. (3) For subsection (2)(g), the efficient use of water— (a) incorporates water demand management and water conservation measures; or (b) considers the volume and quality of water required for particular circumstances, including release into the environment. 3 Act binds all persons (1) This Act binds all persons, including the State, and, in so far as the legislative power of the State permits, the Commonwealth and the other States. (2) Subsection (1) does not apply to— (a) the operation of the State Development and Public Works Organisation Act 1971; or (b) the powers of the coordinator-general under the State Development and Public Works Organisation Act 1971. Part 2 Interpretation 4 Definitions The dictionary in schedule 4 defines particular words used in this Act. 5 Meaning of watercourse (1) A watercourse is a river, creek or other stream, including a stream in the form of an anabranch or a tributary, in which water flows permanently or intermittently, regardless of the frequency of flow events— (a) in a natural channel, whether artificially modified or not; or (b) in an artificial channel that has changed the course of the stream. (2) A watercourse includes any of the following located in it— (a) in-stream islands; (b) benches; (c) bars. (3) However, a watercourse does not include a drainage feature. (4) Further— (a) unless there is a contrary intention, a reference to a watercourse in this Act, other than in this part or in the definitions in schedule 4 to the extent they support the operation of this part, is a reference to anywhere that is— (i) upstream of the downstream limit of the watercourse; and (ii) between the lateral limits of the watercourse; and (b) a reference in this Act to, or to a circumstance that involves, land adjoining a watercourse, is a reference to, or to a circumstance that involves, land effectively adjoining a watercourse. Note for paragraph (b)— Generally, the non-tidal boundary (watercourse) of land bounded by a watercourse, as provided for under the Survey and Mapping Infrastructure Act 2003, would not correspond precisely with the line of the outer bank of a watercourse under this Act. (5) In this section— adjoining includes being bounded by, being adjacent to, or abutting. lateral limits, of a watercourse, are the outer bank on one side of the watercourse and the outer bank on the other side of the watercourse. 5AA Watercourse etc. may be mapped (1) The chief executive may prepare a map (watercourse identification map) identifying any of the following features— (a) a watercourse (other than its lateral limits); (c) the downstream limit of a watercourse; (d) a drainage feature; (e) a lake; (f) a spring. (2) The watercourse identification map must be— (a) certified by the chief executive as the watercourse identification map as in force from a stated day; and (b) published, in digital electronic form, on a Queensland Government website. (3) A feature identified on the watercourse identification map as a watercourse is taken to be a watercourse (to the extent of its lateral limits) for this Act. (5) A position or feature identified on the watercourse identification map as the downstream limit of a watercourse is taken to be the downstream limit of the watercourse for this Act. (6) A feature identified on the watercourse identification map as a drainage feature is taken to be a drainage feature for this Act. (7) A feature identified on the watercourse identification map as a lake is taken to be a lake for this Act. (8) A feature identified on the watercourse identification map as a spring is taken to be a spring for this Act. (9) The chief executive must consult with the chief executive of the department in which the Coastal Protection and Management Act 1995 is administered before identifying a feature on the watercourse identification map as the downstream limit of a watercourse. (10) In this section— watercourse includes part of a watercourse. 5A Meaning of outer bank (1) The outer bank, at any location on one side of a watercourse, is— (a) if there is a floodplain on that side of the watercourse—the edge of the floodplain that is on the same side of the floodplain as the watercourse; or (b) if there is not a floodplain on that side of the watercourse—the place on the bank of the watercourse marked by— (i) a scour mark; or (ii) a depositional feature; or (iii) if there are 2 or more scour marks, 2 or more depositional features or 1 or more scour marks and 1 or more depositional features—whichever scour mark or depositional feature is highest. (2) However, subsection (3) applies if, at a particular location in the watercourse— (a) there is a floodplain on one side of the watercourse; and (b) the other side of the watercourse is confined by a valley margin. Examples of valley margin— hill, cliff, terrace (3) Despite subsection (1)(b), the outer bank on the valley margin side of the watercourse is the line on the valley margin that is at the same level as the outer bank on the other side of the watercourse. (4) Despite subsections (1) to (3), if under this part the chief executive has declared an outer bank on a side of a watercourse for any length of the watercourse, the outer bank on that side of the watercourse for that length is the outer bank as declared by the chief executive. (5) To remove any doubt, it is declared that an outer bank of a watercourse— (a) can not be, or be a part of, an in-stream island, bench or bar located in the watercourse; and (b) can not be generally closer to the middle of the watercourse than any part of an in-stream island, bench or bar located in the watercourse. 5B Declaration of outer bank (1) The chief executive may by gazette notice declare an outer bank of a watercourse for a length (the relevant length) of the watercourse. (2) The chief executive may make a declaration under subsection (1) only if— (a) it is not reasonably practicable to otherwise identify the outer bank of the watercourse for the relevant length; or (b) the chief executive is satisfied that the outer bank of the watercourse for the relevant length does not appropriately locate a watercourse for the purposes of the exercise of jurisdiction over watercourses under this Act. (3) If the chief executive acts under subsection (2)(a), the chief executive must, in making a declaration under subsection (1), take reasonable steps to declare the outer bank consistently with what would have been the location of the outer bank if it had not become impracticable to identify it. (4) However, a declaration can not have effect to locate an outer bank for any period before the declaration is made. 6 Meaning of domestic purposes (1) Domestic purposes, for taking water, means taking water for the following— (a) household purposes; (b) watering of animals kept as pets; (c) watering a garden. (2) For subsection (1)(c), the combined size of the garden must not exceed an area of 0.5ha. (3) However, if a water plan states either of the following for this definition, it applies instead of subsection (2)— (a) a different size for the garden; (b) a volume of water sufficient to water a different size garden. (4) In this section— garden includes a lawn. 7 Meaning of principles of ecologically sustainable development The following principles are principles of ecologically sustainable development— (a) decision-making processes should effectively integrate both long-term and short-term economic, environmental, social and equitable considerations; (b) if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation; (c) the present generation should ensure the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations; (d) the conservation of biological diversity and ecological integrity should be a fundamental consideration in decision-making; (e) recognition of the need to develop a strong, growing and diversified economy that can enhance the capacity for environmental protection; (f) decisions and actions should provide for broad community involvement on issues affecting them. Chapter 1A Water supply emergencies and restrictions Part 1 Water supply emergencies Division 1 Preliminary 10 [Repealed] 11 [Repealed] 12 [Repealed] 19 [Repealed] 20 [Repealed] 20A [Repealed] 20B [Repealed] 20C [Repealed] 21 [Repealed] 22 [Repealed] 23 [Repealed] 24 [Repealed] 25 [Repealed] 25A Meaning of water supply emergency (1) A water supply emergency is a situation in which there is a demonstrably serious risk the State's, or a part of the State's, essential water supply needs will not be met. (2) The following are examples of circumstances from which a situation mentioned in subsection (1) may arise— (a) failure of a large part of water supply, treatment or distribution infrastructure or wastewater infrastructure; (b) extended severe drought conditions; (c) contamination of a water storage used for essential water supply needs causing the water to be unfit for supply. (3) In this section— demonstrably, in relation to a serious risk, means the serious risk can be demonstrated by reliable data about water supply. essential water supply needs means water supply for— (a) domestic purposes; or (b) essential services, including the generation or distribution of electricity; or (c) processing or refining minerals or petroleum in the local government area of the Gladstone Regional Council. Division 2 Water supply emergency declaration and regulation 25B Declaration of water supply emergency (1) The Minister may make a water supply emergency declaration if the Minister is satisfied— (a) there is a water supply emergency; or (b) a water supply emergency is developing. (2) Before making a water supply emergency declaration, the Minister must have regard to other measures, instead of a water supply emergency declaration, that could be taken under this or another Act to deal with the water supply emergency. (3) The water supply emergency declaration— (a) has effect from the time it is made by the Minister or the later day stated in the declaration; and (b) remains in force until the earlier of the following— (i) the commencement of a regulation dealing with the matters mentioned in the declaration; (ii) the end of 20 business days after the declaration takes effect. (4) As soon as possible after making a water supply declaration, the Minister must give a copy of the declaration to each service provider to which the declaration applies. (5) As soon as practicable after making a water supply declaration, the Minister must publish a copy of the declaration in the gazette. 25C Contents of water supply emergency declaration (1) A water supply emergency declaration must state— (a) the water supply emergency to which the declaration applies; and (b) the part of the State to which the declaration applies; and (c) the service providers to which the declaration applies; and (d) for dealing with the water supply emergency— (i) the measures each service provider is directed to carry out and the day by which the measures are to be carried out; and (ii) if the measures a service provider is directed to carry out include making non-Act water available to, or operating infrastructure to allow non-Act water to be supplied to, a customer or type of customer—whether section 25K applies to the direction; and (iii) if the measures a service provider is directed to carry out include imposing the restrictions mentioned in section 25D—that the service provider is directed to give the Minister for approval, within the time stated, a response (a water supply emergency response) stating the way the service provider intends to ensure the restrictions are complied with; and (iv) the outcomes each service provider is directed to achieve and the day by which the outcomes are to be achieved; and (v) that a service provider directed to achieve outcomes is directed to give the Minister for approval, within the time stated, a response (also a water supply emergency response) stating— (A) the actions the service provider intends to take to achieve the outcomes; and (B) if the actions include imposing the restrictions mentioned in section 25D—the way the service provider intends to ensure the restrictions are complied with. (2) The declaration must, to the greatest practicable extent, state, for the measures directed to be carried out or outcomes directed to be achieved— (a) whether the State or 1 or more service providers are to pay the cost and, if more than 1 entity is to pay the cost, the apportionment of the costs; and (b) if the State is to contribute to the cost—the amount to be contributed and the way in which it is to be paid; and (c) the extent to which, and the service providers from whom, the State may recover any contributions made; and (d) the extent to which, and the service provider's customers or other service providers from whom, a service provider may recover the contributions made by the State and the costs approved by the Minister; and (e) whether, and on what, a service provider may recover a rate of return and the service provider's customers or other service providers from whom it may be recovered. (3) A water supply emergency declaration may authorise persons to exercise powers, including powers of decision and direction and delegated powers, to facilitate the implementation of the directions under the declaration. (4) If a water supply emergency declaration for a part of the State is inconsistent with the objectives of a water plan for the part, the water supply emergency declaration is ineffective to the extent of the inconsistency. (5) However— (a) the water supply emergency declaration may, to the extent stated in the declaration, be inconsistent with— (i) the operations manual that implements the water plan; or (ii) a resource operations licence for the water to which the plan applies; or (iii) an interim resource operations licence; and (b) to the extent of the inconsistency, the water supply emergency declaration prevails. 25CA Amendment of water supply emergency declaration (1) This section applies if, when the Minister makes a water supply emergency declaration (the original declaration), it is not practicable to state, for each of the measures directed to be carried out and each of the outcomes directed to be achieved, all of the matters mentioned in section 25C(2)(a) to (e). (2) The Minister must, as soon as practicable after the original declaration is published in the gazette, and after consultation with the Treasurer, amend the original declaration to state the matters. 25D Measures mentioned in a water supply emergency declaration The measures a service provider may, in a water supply emergency declaration, be directed to carry out are the following— (a) to make available, water from the service provider's authority under this Act to take or interfere with water or non-Act water, to— (i) other service providers; or (ii) entities responsible for generating electricity; or (iii) the coordinator-general; (b) to operate infrastructure to allow water, including non-Act water, to be supplied to the entities mentioned in paragraph (a); (c) to make non-Act water available to a customer or type of customer; (d) to operate infrastructure to allow non-Act water to be supplied to a customer or type of customer; (e) to restrict, in the way stated in the declaration, the following— (i) the volume of water taken by or supplied to a customer or type of customer; (ii) the hours when water may be used on premises for stated purposes; (iii) the way water may be used on premises; (f) to apply a restriction imposed under paragraph (e) to water, including non-Act water, taken from a rainwater tank connected to the service provider's reticulated water supply. 25E Requirement to comply with water supply emergency declaration (1) A service provider to whom a direction is given under a water supply emergency declaration must comply with the direction. Maximum penalty— (a) for a direction mentioned in section 25C(1)(d)(i)—1,665 penalty units; or (b) for a direction mentioned in section 25C(1)(d)(iii) or (v)—1,000 penalty units. Note— See also the Water Supply Act, section 43(4) to (6). (2) Subsection (1) applies even if complying with the direction would be inconsistent with the service provider's current supply and infrastructure contractual arrangements and the current arrangements are ineffective— (a) to the extent of the inconsistency; and (b) for the period stated in the declaration. (3) It is a defence to a prosecution for an offence against subsection (1) to prove— (a) the service provider made all reasonable efforts to comply with the direction; and (b) the service provider is unable to comply with the direction because the service provider is unable to acquire, to the extent necessary to comply with the direction— (i) the development and other approvals necessary for carrying out the measures or achieving the outcomes; or (ii) the land on which infrastructure is to be constructed; or (iii) finance to carry out the measures or achieve the outcomes. 25F Regulation about water supply emergency (1) This section applies if— (a) there is a water supply emergency; or (b) a water supply emergency is developing. (2) A regulation (a water supply emergency regulation) may state— (a) the water supply emergency to which the regulation applies; and (b) the part of the State to which the regulation applies; and (c) the service providers to which the regulation applies; and (d) for dealing with the water supply emergency— (i) the measures each service provider is directed to carry out and the day by which the measures are to be carried out; and (ii) if the measures a service provider is directed to carry out include making non-Act water available to, or operating infrastructure to allow non-Act water to be supplied to, a customer or type of customer—whether section 25K applies to the direction; and (iii) if the measures a service provider is directed to carry out include imposing the restrictions mentioned in section 25D—that the service provider is directed to give the Minister for approval, within the time stated, a water supply emergency response stating the way the service provider intends to ensure the restrictions are complied with; and (iv) the outcomes each service provider is directed to achieve and the day by which the outcomes are to be achieved; and (v) that a service provider directed to achieve outcomes is directed to give the Minister for approval, within the time stated, a water supply emergency response stating— (A) the actions the service provider intends to take to achieve the outcomes; and (B) if the actions include imposing the restrictions mentioned in section 25D—the way the service provider intends to ensure the restrictions are complied with; and (vi) any works that are to be carried out by the coordinator-general. (2A) Before a water supply emergency regulation is made, the Minister must have regard to other measures, instead of a water supply emergency regulation, that could be taken under this or another Act to deal with the water supply emergency. (3) For the matters mentioned in subsection (2)(d), the regulation must, to the greatest practicable extent, state the matters mentioned in section 25C(2)(a) to (e). (4) The regulation may, to the extent stated in the regulation, continue the effect of a water supply emergency declaration. (5) A water supply emergency regulation may authorise persons to exercise powers, including powers of decision and direction and delegated powers, to facilitate the implementation of the directions under the regulation. (6) The regulation, for the part of the State to which it applies, must not be inconsistent with the objectives of a water plan for the part. (7) However— (a) the regulation may, to the extent stated in the regulation, be inconsistent with— (i) the operations manual that implements the water plan; or (ii) a resource operations licence for the water to which the plan applies; or (iii) an interim resource operations licence; and (b) to the extent of the inconsistency, the regulation prevails. 25FA Amendment of water supply emergency regulation (1) This section applies if, when a water supply emergency regulation (the original regulation) is made, it is not practicable to state, for each of the measures directed to be carried out and each of the outcomes directed to be achieved, all of the matters mentioned in section 25C(2)(a) to (e). (2) The Minister must consult with the Treasurer about the matters. (3) As soon as practicable after the original regulation is made, it must be amended to state the matters. 25G Measures mentioned in a water supply emergency regulation The measures a service provider may, under a water supply emergency regulation, be directed to carry out are the following— (a) the measures mentioned in section 25D(a) to (f); (b) to make changes to the service provider's infrastructure, for example to improve efficiency by— (i) reducing water losses from leakage from the service provider's distribution system; or (ii) bringing forward maintenance programs; (c) to allow reasonable access, to connect to the service provider's infrastructure and to operate and maintain the connection, to— (i) other service providers; or (ii) entities responsible for generating electricity; or (iii) the coordinator-general; (d) to implement a demand management program that, for a stated part of the State or type of customer, may include, but is not limited to, subsidising the installation by customers of water-saving devices; (e) to design, construct and operate new infrastructure; (f) to recommission and operate infrastructure that is not operating at the time the regulation is made. 25H Requirement to comply with water supply emergency regulation (1) A service provider to whom a direction is given under a water supply emergency regulation must comply with the direction. Maximum penalty— (a) for a direction mentioned in section 25F(2)(d)(i)—1,665 penalty units; or (b) for a direction mentioned in section 25F(2)(d)(iii) or (v)—1,000 penalty units. (2) Subsection (1) applies even if complying with the direction would be inconsistent with the service provider's current supply and infrastructure contractual arrangements and the current arrangements are ineffective— (a) to the extent of the inconsistency; and (b) for the period stated in the regulation. (3) It is a defence to a prosecution for an offence against subsection (1) to prove— (a) the service provider made all reasonable efforts to comply with the direction; and (b) the service provider is unable to comply with the direction because the service provider is unable to acquire, to the extent necessary to comply with the direction— (i) the development and other approvals necessary for carrying out the measures or achieving the outcomes; or (ii) the land on which infrastructure is to be constructed; or (iii) finance to carry out the measures or achieve the outcomes. 25I Approval of, or change to, response (1) If the Minister is satisfied a water supply emergency response is adequate for carrying out the measures or to achieve the outcomes stated in a water supply emergency declaration or a water supply emergency regulation, the Minister must— (a) approve the response; and (b) give the service provider notice of the approval. (2) If the Minister is not satisfied, the Minister must— (a) change the response to make it adequate; and (b) approve the changed response; and (c) give the service provider notice of the approval. (3) The service provider must comply with the approved water supply emergency response. Maximum penalty—1,665 penalty units. (4) Subsection (3) applies even if complying with the approved response would be inconsistent with the service provider's current supply and infrastructure contractual arrangements and the current arrangements are ineffective— (a) to the extent of the inconsistency; and (b) for the period stated in the approved response. (5) It is a defence to a prosecution for an offence against subsection (3) to prove— (a) the service provider made all reasonable efforts to comply with the approved response; and (b) the service provider is unable to comply with the approved response because the service provider is unable to acquire, to the extent necessary to comply with the response— (i) the development and other approvals necessary for carrying out the measures or achieving the outcomes; or (ii) the land on which the infrastructure is to be constructed; or (iii) finance to carry out the measures or achieve the outcomes. 25J When water supply emergency ends (1) The Governor in Council must make a regulation under this section if the Minister considers a water supply emergency has ended. (2) The regulation must state— (a) that the water supply emergency to which it applies no longer exists; and (b) the actions that may be taken, or continue to be taken, to deal with circumstances arising because of the water supply emergency, including any actions taken under a water supply emergency regulation that must be completed or discontinued. (3) However, for the regulation to state that an action taken under a water supply emergency regulation must be completed, the Minister must be satisfied it would be detrimental to the interests of the State or another entity not to complete the action, taking into account the following— (a) the extent of work undertaken; (b) the obligations arising under any contract or other agreement; (c) any costs or other amounts the State or another entity is liable to pay; (d) the amount of money spent; (e) any other relevant circumstance. (4) The actions that may be taken or continue to be taken include giving any directions that could have been given under the water supply emergency regulation if the emergency continued to exist. (5) Subject to a regulation under this section, the ending of a water supply emergency has no effect on the exercise of powers under this part. Division 3 Carrying out measures and achieving outcomes 25K Supply arrangements (1) Subsection (3) applies if a water supply emergency declaration or a water supply emergency regulation, directs a service provider— (a) to make water, including non-Act water, available; or (b) to operate infrastructure to allow water, including non-Act water, to be supplied. (2) However, if the direction is to make non-Act water available to, or to operate infrastructure to allow non-Act water to be supplied to, a customer or type of customer, this section applies only to the extent stated in the declaration or regulation. (3) The service provider must, at the time the provider makes the water available or operates the infrastructure, have a supply contract with each entity to whom the service provider is directed to make water available or allow water to be supplied. (4) The chief executive may approve a supply contract for the supply, storage and delivery of water under a water supply emergency declaration or regulation including the price to be paid for the supply, storage and delivery. (5) The chief executive must gazette approval of the supply contract. (6) If, at any time, the service provider and an entity do not have a supply contract in compliance with subsection (3), the supply contract approved by the chief executive applies, for the time, to the supply, storage and delivery of water under the declaration or regulation. 25L Relationship with State Development and Public Works Organisation Act 1971 (1) This section applies to facilitate— (a) carrying out measures mentioned in a water supply emergency declaration or a water supply emergency regulation; and (b) compliance with an approved water supply emergency response; and (c) the carrying out of works, mentioned in a water supply emergency regulation, by the coordinator-general. (2) The State Development and Public Works Organisation Act 1971 (the State Development Act) has effect in the following way— (a) section 103 applies as if— (i) the water supply emergency declaration, water supply emergency regulation or approved water supply emergency response were a regulation made under section 100; and (ii) the service provider were a local body; (b) sections 105, 106 and 154 apply as if— (i) an appointment of the coordinator-general under section 25M of this Act were an authorisation of the coordinator-general under section 104(6); and (ii) the service provider were a local body; (c) sections 109 and 110 apply as if a statement in the water supply emergency regulation about works to be carried out by the coordinator-general were a regulation under section 109 directing works be undertaken; (d) section 125(1)(a) applies as if a statement in the water supply emergency regulation about works to be carried out by the coordinator-general were an authorisation to undertake works; (e) sections 125(1)(c) and 134 apply as if the service provider were a local body; (f) sections 134 and 136 apply as if the works mentioned in the water supply emergency regulation or approved water supply emergency response were authorised works; (g) section 137 applies as if the reference in section 137(b) to section 136 were a reference to section 136 as it has effect under paragraph (f); (h) section 139 applies to the extent it relates to the application of section 136. (3) Despite the State Development Act, section 111(2)(b), the coordinator-general may delegate to a service provider a power, function or duty conferred or imposed on the coordinator-general under this part. (4) If agreement is not reached under the State Development Act, section 134, a regulation may approve particulars of arrangements for the transfer, management, operation and control of the works. (5) The regulation, to the extent it approves the particulars, is taken to be a regulation made under the State Development Act, section 134. (6) In this section— authorised works see the State Development Act, schedule 2. local body see the State Development Act, schedule 2. 25M Appointment of person to carry out measures or achieve outcomes (1) This section applies if a service provider does not comply with— (a) a direction under a water supply emergency declaration or a water supply emergency regulation; or (b) an approved water supply emergency response; or (c) a compliance notice given by the chief executive under section 780(1) in relation to the direction or response. (2) The Governor in Council may appoint a person to comply with the direction or response as agent for the service provider. (3) The appointment— (a) has effect when it is notified in the gazette; and (b) remains in force until— (i) the day stated in the notification; or (ii) if no day is stated in the notification—the day withdrawal of the appointment is notified. (4) The appointment may deal with any matter necessary or convenient to help the person comply with the direction or response. (5) A direction or response mentioned in subsection (1) does not include a direction or response about imposing service provider water restrictions. 25N Effect of appointee carrying out measures or achieving outcomes (1) A person appointed under section 25M(2) (the appointee) may do all things necessary or convenient to comply with the direction or response. (2) A person in possession of premises on which the service provider's infrastructure is situated must give the appointee access to the premises to enable the appointee to comply with the direction or response. Maximum penalty—500 penalty units. (3) A person in possession of premises must not take action or refuse to take action if the taking or refusal has the effect of preventing the appointee from, or hindering the appointee in, complying with the direction or response. Maximum penalty—1,665 penalty units. (4) Subsections (2) and (3) do not apply to an act done, or omission made, during or relating to industrial action under the Industrial Relations Act 2016. (5) The service provider is liable for the appointee's reasonable costs of complying with the direction or response as agent for the service provider. Division 4 Recovery of costs 25O Recovery of costs incurred (1) This section applies to a service provider who— (a) under a water supply emergency declaration or a water supply emergency regulation— (i) is directed to pay the cost of carrying out measures, achieving outcomes or works carried out by the coordinator-general; or (ii) may recover contributions by the State; or (b) under a regulation made under section 25J(2)(b), incurs costs in completing or discontinuing actions taken under a water supply emergency regulation; or (c) under section 25N(5), is liable to pay an appointee's costs; or (d) under a regulation made under the State Development Act, section 134 or 154, is required to pay costs incurred by or for the coordinator-general. (2) The service provider may, to the extent stated in the declaration or regulation, recover from the service provider's customers or other service providers— (a) the contributions made by the State; and (b) the costs mentioned in subsection (1) to the extent they are approved by the Minister; and (c) the rate of return. (3) Subsection (2) applies despite— (a) any condition of the service provider's authority under this Act to take or interfere with water; or (b) any provision to the contrary in a supply contract, or a contract for the supply of registered services, between the service provider and the service provider's customers or other service providers; or (c) the pricing arrangements in a relevant notice mentioned in section 1137 or a regulation amending a relevant notice; or (d) any direction given under section 999. (4) The service provider may recover, as a debt due to the service provider, any amount the service provider is entitled to recover under subsection (2). 25P Recovery of contributions by the State The State may recover, as a debt due to the State by a service provider, any contributions the State is entitled, under a water supply emergency declaration or a water supply emergency regulation, to recover from the service provider. 25Q Queensland Competition Authority The Queensland Competition Authority, in performing its functions under the Queensland Competition Authority Act 1997, must not act in a way that is inconsistent with a water supply emergency declaration, a water supply emergency regulation or section 25O. Division 5 Compensation 25R Applying for compensation (1) A person, including a service provider, who suffers loss or damage because of actions taken under this part may apply to the Minister for compensation for the loss or damage. (2) The application must be made in writing within 65 business days after the person suffers the loss or damage. (3) The application must state— (a) details of the person's loss or damage; and (b) the amount of compensation claimed and the grounds for the amount claimed. (4) The applicant must also provide any other relevant information reasonably required by the Minister to decide the application. (5) Despite subsection (2), the Minister may accept a person's application for compensation made more than 65 business days after the person suffers the loss or damage if the Minister is satisfied it would be reasonable in all the circumstances to accept the application. (6) The Minister's acceptance of an application for compensation does not give an applicant an entitlement to the compensation. 25S When compensation is not payable (1) Compensation is not payable to a person for— (a) loss or damage suffered because of a service provider water restriction imposed under— (i) a direction under a water supply emergency declaration or water supply emergency regulation; or (ii) an approved water supply emergency response; or (b) costs or contributions mentioned in section 25O(1); or (c) loss or damage to the extent that an amount for the loss or damage is recovered or recoverable by the person under a policy of insurance; or (d) costs that were recovered from the person by a service provider under section 25O(2). (2) Also, compensation is not payable to the person for loss or damage if the loss or damage would have happened irrespective of actions taken under this part. 25T Requirement for further information (1) The Minister may give the applicant a notice stating— (a) the information required by the Minister for deciding the application; and (b) the time by which the information must be given to the Minister; and (c) that, if the information is not given to the Minister by the stated time, the application will lapse. (2) The stated time must be reasonable and, in any case, at least 15 business days after the notice is given. (3) The Minister may give the applicant a further notice extending or further extending the time if the Minister is satisfied it would be reasonable in all the circumstances to give the extension. (4) A notice may be given under subsection (3) even if the time to which it relates has lapsed. (5) If the applicant does not comply with the requirement within the stated time, or any extension of the time, the application lapses. 25U Deciding application (1) The Minister must consider and decide an application made under section 25R within 65 business days after the later of the following— (a) the day the Minister receives the application; (b) the day the Minister receives all information required by the Minister for deciding the application. (2) In deciding an application, the Minister may have regard to— (a) the extent and nature of the applicant's loss or damage; and (b) the extent to which the applicant has mitigated, or attempted to mitigate, the loss or damage; and (c) any other matter the Minister considers appropriate. (3) The Minister may decide— (a) to pay all or part of the compensation claimed; or (b) to refuse to pay the compensation. (4) If the Minister has not decided an application within the period stated in subsection (1) for the application, the Minister is taken to have refused to pay compensation. 25V Notice about decision As soon as practicable after deciding the application, the Minister must give the applicant a notice stating— (a) the decision and the reasons for the decision; and (b) if the Minister decides to pay compensation—details of the amount to be paid and how the amount was calculated. 25W Protection of State and Minister from liability Civil liability does not attach to the State or a Minister because of a failure to make a water supply emergency declaration under section 25B or a water supply emergency regulation under section 25F. 25X Protection of service provider from liability (1) Subsection (2) applies to actions taken by a service provider that are inconsistent with the service provider's current supply and infrastructure contractual arrangements. (2) The service provider is not liable for loss or damage caused by taking the actions in compliance with— (a) a direction under a water supply emergency declaration or water supply emergency regulation; or (b) an approved water supply emergency response. (3) Subsection (2)— (a) applies only to the extent the service provider acted reasonably and without negligence; and (b) does not affect the service provider's liability for negligence. Part 2 Obtaining information 25Y Obtaining information from a service provider (1) The chief executive may give a service provider a notice requiring information about 1 or more of the following— (a) current and projected future water consumption by the service provider's customers or a class of the customers; (b) water restrictions the service provider has imposed or intends to impose; (c) the events that would cause the service provider to impose the restrictions, for example, the available water supply falling to a stated level; (d) the actions the service provider intends to take to ensure compliance with the restrictions; (e) the demand management program the service provider proposes to implement; (f) other measures the service provider proposes to take, for example, constructing new infrastructure or making changes to existing infrastructure. (2) The notice may be given at any time and must state the reasonable time by which the information must be given to the chief executive. (3) The service provider must comply with the notice, unless the service provider has a reasonable excuse. Maximum penalty—200 penalty units. (4) It is a reasonable excuse for a service provider who is an individual not to comply with the notice if complying with the notice might tend to incriminate the individual. 25Z [Repealed] Part 3 Restrictions on use of subartesian water 25ZA Application for approval to restrict use of subartesian water (1) A water service provider may apply for written approval for the power to impose a restriction on the use of subartesian water by a customer of the water service provider in an area if the water is taken, other than for stock purposes, under— (a) section 101(1)(c); or (b) if the water is not taken under a water entitlement— (i) a water plan; or (ii) a regulation made under section 1046. (2) The application must be— (a) made to the chief executive in writing; and (b) supported by sufficient information to enable the chief executive to decide the application. (3) The chief executive may ask the applicant for additional information about the application. 25ZB Deciding application (1) The chief executive must give the approval if the chief executive is satisfied that— (a) the subartesian water and the water service provider's water supply for a retail water service is being taken from the same source; and (b) the taking of the subartesian water may threaten the security of the water service provider's water supply for the retail water service; and (c) service provider water restrictions have been imposed, or are about to be imposed, in relation to the water supply. (2) If the chief executive is not satisfied about the matters mentioned in subsection (1)(a), (b) and (c), the chief executive must refuse to give the approval. (3) The approval may be given with or without conditions. 25ZC Notice about decision to give approval (1) If the chief executive gives the approval, the chief executive must, within 30 business days after giving the approval, give the applicant a notice advising the applicant about the approval. (2) If the chief executive refuses to give the approval, the chief executive must, within 30 business days after refusing to give the approval, give the applicant a notice advising the applicant of the reasons why the approval was refused. 25ZD [Repealed] 25ZE Restriction of subartesian water by water service provider (1) This section applies if the chief executive gives the approval to a water service provider. (2) The water service provider may impose a restriction on the use of the subartesian water by a customer of the water service provider in an area. (3) The restriction may be no more onerous than a service provider water restriction currently imposed on the customer. (4) For the Water Supply Act, section 43, a restriction on the use of subartesian water under this section is taken to be a service provider water restriction. (5) In this section, the power to restrict includes the power to prohibit. Chapter 2 Management and allocation of water Part 1 Water rights Division 1 Ownership of water 26 Rights in all water vests in the State All rights to the use, flow and control of all water in Queensland are vested in the State. Division 2 Allowing use of water 27 State may allow the use of water (1) The State may allow the use of water by authorising persons to take or interfere with water. (2) The State may authorise persons to take water— (a) through legislation and statutory instruments; or (b) through any of the following authorisations issued under this Act— (i) water allocations; (ii) water licences; (iii) water permits; (iv) seasonal water assignment notices; (v) resource operations licences; (vi) distribution operations licences; (vii) operations licences. (3) The State may authorise persons to interfere with water— (a) through legislation and legislative instruments; or (b) through any of the following authorisations issued under this Act— (i) water licences; (ii) resource operations licences; (iii) distribution operations licences. Division 3 Restricting use of water Subdivision 1 Restrictions for contamination and water shortages 28 Limiting or prohibiting taking, or interfering with, water during contamination or water shortages (1) Subsection (2) applies if the Minister is satisfied urgent action should be taken because— (a) there is a shortage of water; or (b) there is a thing in harmful quantities in water. (2) The Minister must publish a notice— (a) limiting, for a particular purpose or otherwise, either or both of the following— (i) the volume of water a person may take; (ii) the rate at which, and the times when, a person may take water; or (b) limiting a person's entitlement to interfere with water; or (c) prohibiting taking or interfering with water. (3) The limit or prohibition has effect despite any authority a person has under another provision of this Act. (4) The notice remains in force for the period of not more than one year stated in the notice. (5) Nothing prevents the Minister from acting under this section a second or subsequent time. (6) The notice is subordinate legislation. (7) A person must not take or interfere with water in contravention of the notice. Maximum penalty for subsection (7)—1,665 penalty units. Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 828, to have also committed the offence. 29 Limiting water taken under water licence, water permit or water allocation (1) If there is a shortage of water, the chief executive may, by publishing a notice do the following— (a) limit the water that may be taken under a water entitlement, water permit or seasonal water assignment notice; (b) limit the water that may be taken under part 3, division 1, subdivision 2. (2) The notice may be for any 1 or more of the following— (a) the times when water may be taken; (b) the purpose for which water may be taken; (c) the volume of water, measured or estimated that may be taken, including for a stated purpose. (3) The notice remains in force for the period of not more than one year stated in the notice. (4) Nothing prevents the chief executive from acting under this section a second or subsequent time. (5) A person must not take water in contravention of the notice. Maximum penalty for subsection (5)—500 penalty units. Subdivision 2 Moratorium notices 30 Moratorium notices (1) The Minister may publish a notice under this section, for a part of the State, (a moratorium notice) if the Minister is satisfied action should be taken in the part— (a) to protect existing water entitlements and other authorities under this Act to take or interfere with water; or (b) to protect natural ecosystems. (2) For part of the State to which the moratorium notice applies, the notice may state the following— (a) that an application for or about a water entitlement will not be accepted; (b) that the construction of works, or changing existing works, for taking or interfering with water, is limited in the way stated or is prohibited. (3) For subsection (2)(b), the notice may also state, while the moratorium notice has effect— (a) new works must not be physically started; and (b) completed works in existence must not be raised, enlarged, deepened or changed; and (c) works that have been started— (i) may be completed only to the extent stated in the notice; and (ii) must be completed by the day stated in the notice; and (d) a person who is completing works that have been started must give the chief executive notice about the works by the day stated in the notice; and (e) construction of works must stop if notice has not been given under paragraph (d). (4) However, the moratorium notice may only apply to an application or construction of works to the extent the application or construction would have 1 or more of the following effects stated in the notice— (a) increase the amount of water that may be taken; (b) change the location from which water may be taken; (c) increase the rate at which water may be taken; (d) change the flow conditions under which water may be taken; (e) increase or change the interference with the water; (f) change the purpose for which the water may be taken or interfered with. (5) Subsection (4) applies even if the application was made before the moratorium notice was published. (6) A moratorium notice may state matters to which the notice does not apply. (7) For this section, works are not started unless— (a) construction of the works has physically started or, if construction has not physically started, a contract has been entered into to start construction, and construction is started, within 60 days after the day the notice has effect; and (b) an independently verifiable construction program exists for progressive construction towards completion of the works; and (c) detailed design plans exist showing, among other things, the extent of the works; and (d) if a development permit is required for the works or for other development associated with the works—the permit has been given. 31 Effect of moratorium notice (1) The moratorium notice has effect— (a) from the later of the following— (i) the day stated in the notice; (ii) the day the notice is published; and (b) until the Minister publishes a further notice withdrawing or replacing the first notice. (2) Subsection (3) applies if— (a) a moratorium notice applies to a part of the State; and (b) a water planning instrument also applies to that part of the State. (3) The moratorium prevails over the instrument to extent of any inconsistency. (4) A moratorium notice does not affect— (a) the issuing of water permits; (b) taking water under sections 93 to 99 and 103; (c) matters stated in the notice under section 30(6). 32 Offence to contravene moratorium notice A person must not start the construction of works, or continue to construct works, in contravention of a moratorium notice. Maximum penalty—1,665 penalty units. 33 Application to vary effect of moratorium notice (1) Subsection (2) applies to an owner of land if— (a) the owner is completing works that had been started at the time a moratorium notice took effect; and (b) the works will not be completed by the day stated in the notice (the completion day); and (c) the owner wishes to apply for an extension of the completion day. (2) The owner— (a) must stop construction of the works by the completion day; and (b) may apply to the Minister for an extension of the completion day if— (i) the works are substantially completed; or (ii) the works will not be completed by the completion day because of a change in circumstances beyond the applicant's control including, for example, construction difficulties, extreme bad weather or the applicant's ill health. (3) The application must— (a) be in the approved form; and (b) be accompanied by the prescribed fee; and (c) be made before the completion day; and (d) include sufficient information to support the application. (4) The Minister may refer the application to a referral panel established under section 242. (5) The Minister must— (a) decide the application; and (b) give the applicant notice of the decision. (6) If the application has been referred to a referral panel, the Minister must have regard to the panel's recommendation before making a decision. (7) If the Minister grants the application, the moratorium notice, for the applicant, is varied in the following way— (a) the completion day, for the works, is the day stated in the Minister's notice; (b) the works may be completed to the extent stated in the notice. (8) For this section, works are not started unless— (a) construction of the works has physically started or, if construction has not physically started, a contract has been entered into to start construction, and construction is started, within 60 days after the day the notice has effect; and (b) an independently verifiable construction program exists for progressive construction towards completion of the works; and (c) detailed design plans exist showing, among other things, the extent of the works; and (d) if a development permit is required for the works or for other development associated with the works—the permit has been given. 34 Reviewing and replacing moratorium notices (1) If the Minister is satisfied a moratorium notice should have effect for more than 1 year, the Minister must review the notice within 1 year after the day the notice was published and during each year the notice has effect. (2) If, on the review, the Minister is satisfied the notice should be amended, the Minister must replace the notice with a new notice containing the amended provisions. (3) The replacement notice may provide for any matter for which the original moratorium notice could have made provision. (4) On and after the day the notice is published the replacement notice is taken to be the moratorium notice. (5) The replacement notice applies to an application mentioned in section 30(2), even if the application was made before the replacement notice was published. 34A [Repealed] 34D [Repealed] Division 4 Collecting information about water 35 Obtaining water information (1) The chief executive may give a person who is authorised, or has an entitlement, to take or interfere with water under this Act a notice requiring information— (a) the person is required to keep under a condition of the person's authority or entitlement; or (b) about the person's water use; or (c) about the water managed, taken or supplied under the person's authority or entitlement; or (d) about the water that was managed, taken or supplied through water infrastructure to which a person's authority or entitlement applies; or (e) about the taking or supplying of water by the person under the person's authority or entitlement. (2) The notice— (a) may be given at any time; and (b) must state the reasonable time by which the information must be given to the chief executive. (3) The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—200 penalty units. (4) However, this section does not require a person who is an individual to give information if giving the information might tend to incriminate the person. 36 Notice of works and water use (1) This section applies to works for taking or interfering with water if the taking or interfering with the water is authorised other than under a water entitlement. (2) The chief executive may, by publishing a notice (the chief executive's notice), require the owner of land on which the works are, or are to be, constructed to give the chief executive notice (the owner's notice) of the works and the water use or, for works to be constructed, proposed water use, relating to the works, by the date stated in the notice. (3) The chief executive's notice— (a) may require the owner's notice to be in the approved form; and (b) must state the matters prescribed by regulation, including the proposed consultation arrangements for the notice. (4) A person to whom the chief executive's notice applies must comply with the notice. Maximum penalty—20 penalty units. 36A [Repealed] Part 2 Water planning Division 1 Planning by the State 37 Planning for the management of water The State plans for the sustainable management of Queensland's water— (a) by preparing and implementing water plans; and (b) by preparing and implementing water use plans. 38 Information for planning The chief executive must provide information for planning purposes by— (a) regularly measuring and keeping publicly available records of the volume and quality of water in Queensland; and (b) collecting information on the water requirements of, and impacts of water management on, natural ecosystems, including, for example, from the department in which the Environmental Protection Act 1994 is administered; and (c) collecting information about future water requirements. 38A [Repealed] Division 1A [Repealed]