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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland Water (Commonwealth Powers) Bill 2008
Queensland Water (Commonwealth Powers) Bill 2008 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 2 Reference of matters 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Reference of matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 Termination of references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6 Effect of termination of amendment reference before initial reference ........................................ 10 7 Evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 8 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Part 3 Amendment of Water Act 2000 9 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 10 Amendment of s 26 (Moratorium notices) . . . . . . . . . . . . . . . . . . 12 11 Amendment of s 46 (Content of draft water resource plans) . . . . 13 12 Replacement of s 103 (Preparing and approving final draft resource operations plan). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 103 Preparing and approving final draft resource operations plan ......................... 13 13 Amendment of s 104 (Public notice of intention not to proceed with making of draft resource operations plan). . . . . . . . . . . . . . . 15 14 Insertion of new ss 104A and 104B . . . . . . . . . . . . . . . . . . . . . . . 15 104A Public notice of intention not to amend to provide for deferred aspect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 104B Public access to particular notices . . . . . . . . . . . . . . . 16 15 Amendment of s 105 (Amending resource operations plan) . . . . 16 16 Insertion of new s 105A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 105A Amendment to provide for deferred aspect . . . . . . . . 16 17 Insertion of new ch 8, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Water (Commonwealth Powers) Bill 2008 Contents Part 6 Murray-Darling Basin 1015 Particular documents to be tabled in the Legislative Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 18 Insertion of new ch 9, pt 5, div 12. . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 12 Transitional provisions for Water (Commonwealth Powers) Act 2008 1168 Existing draft resource operation plans . . . . . . . . . . . 17 1169 Enactment of amendment of water resource plans does not affect nature of plan . . . . . . . . . . . . . . . . . . . 18 19 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 18 Part 4 Amendment of Water Resource (Border Rivers) Plan 2003 20 Water resource plan amended in pt 4 . . . . . . . . . . . . . . . . . . . . . 19 21 Amendment of s 18 (Decisions not to increase amount of water taken) ...................................... 19 22 Insertion of new s 41A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 41A Grant of unallocated water to CEWH . . . . . . . . . . . . . 19 23 Replacement of schedule 4 (Allocation of unallocated water) . . . 20 Schedule 4 Allocation of unallocated water Part 5 Amendment of Water Resource (Moonie) Plan 2003 24 Water resource plan amended in pt 5 . . . . . . . . . . . . . . . . . . . . . 21 25 Amendment of s 18 (Decisions not to increase amount of water taken) ....................................... 21 26 Insertion of new s 41A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 41A Grant of unallocated water to CEWH . . . . . . . . . . . . . 21 Part 6 Amendment of Water Resource (Warrego, Paroo, Bulloo and Nebine) Plan 2003 27 Water resource plan amended in pt 6 . . . . . . . . . . . . . . . . . . . . . 22 28 Amendment of s 18 (Decisions not to increase amount of water taken) ....................................... 22 29 Insertion of new s 41A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 41A Grant of unallocated water to CEWH . . . . . . . . . . . . . 22 Part 7 Amendment of Land Act 1994 30 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 31 Amendment of s 431NB (Application of pt 3B). . . . . . . . . . . . . . . 23 32 Amendment of s 431NF (Limit on application of s 358 (Changing deeds of grant--change in description or boundary of land)) .......................................... 24 Part 8 Amendment of Land Title Act 1994 33 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Page 2
Water (Commonwealth Powers) Bill 2008 Contents 34 Amendment of s 191B (Application of pt 10A) . . . . . . . . . . . . . . . 24 Page 3
2008 A Bill for An Act to refer certain matters relating to water management to the Commonwealth Parliament, to repeal the Murray-Darling Basin Act 1996 and to amend for particular purposes the Land Act 1994, the Land Title Act 1994, the Water Act 2000 and particular water resource plans
Water (Commonwealth Powers) Bill 2008 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 1 Short title 3 This Act may be cited as the Water (Commonwealth Powers) 4 Act 2008. 5 2 Commencement 6 Sections 8 and 17 commence on a day to be fixed by 7 proclamation. 8 Part 2 Reference of matters 9 3 Definitions 10 (1) In this Act-- 11 amendment reference means the reference under section 4(1) 12 (b). 13 Basin water resources means water resources within or 14 beneath that part of this State that comprises the 15 Murray-Darling Basin (as defined in the terms, or 16 substantially in the terms, set out in the initial referred 17 provisions), but does not include ground water resources of 18 the Great Artesian Basin. 19 Commonwealth Water Act means the Water Act 2007 of the 20 Commonwealth, as in force from time to time. 21 Page 6
Water (Commonwealth Powers) Bill 2008 Part 2 Reference of matters [s 3] Commonwealth Water Act instrument means any instrument 1 (whether or not of a legislative character) that is made or 2 issued under the Commonwealth Water Act. 3 critical human water needs means the needs for a minimum 4 amount of water, that can only reasonably be provided from 5 Basin water resources, required to meet-- 6 (a) core human consumption requirements in urban and 7 rural areas; and 8 (b) those non-human consumption requirements that a 9 failure to meet would cause prohibitively high social, 10 economic or national security costs. 11 express amendment of the Commonwealth Water Act means 12 the direct amendment of the text of parts 1A, 2A, 4, 4A, 10A 13 and 11A of that Act or of definitions of terms used in those 14 parts (whether by the insertion, omission, repeal, substitution 15 or relocation of words or matter) by another Commonwealth 16 Act or by an instrument under a Commonwealth Act, but does 17 not include the enactment by a Commonwealth Act of a 18 provision that has or will have substantive effect otherwise 19 than as part of the text of those parts or those definitions. 20 initial reference means the reference under section 4(1)(a). 21 initial referred provisions means the text of parts 1A, 2A, 4, 22 4A, 10A and 11A set out in the tabled text. 23 Murray-Darling Basin Agreement means the 24 Murray-Darling Basin Agreement (a copy of which is set out 25 in the tabled text), as amended from time to time by the parties 26 to that Agreement in accordance with the procedure set out in 27 that Agreement. 28 reference means-- 29 (a) the initial reference; or 30 (b) the amendment reference. 31 referred subject-matters means any of the following-- 32 (a) the powers, functions and duties of Commonwealth 33 agencies that-- 34 Page 7
Water (Commonwealth Powers) Bill 2008 Part 2 Reference of matters [s 4] (i) relate to Basin water resources; and 1 (ii) are conferred by or under the Murray-Darling 2 Basin Agreement; 3 (b) the management of Basin water resources to meet 4 critical human water needs; 5 (c) water charging in relation to Basin water resources 6 (other than for urban water supply after the removal of 7 the water from a Basin water resource); 8 (d) the transformation of entitlements to water from a Basin 9 water resource to enable trading in those water 10 entitlements; 11 (e) the application, in relation to water resources that are 12 not Basin water resources, of provisions of the 13 Commonwealth Water Act dealing with the 14 subject-matters specified in paragraphs (c) and (d) 15 (being an application of a kind that is authorised by the 16 law of this State); 17 (f) the transfer of assets, rights and liabilities of the 18 Murray-Darling Basin Commission to the 19 Murray-Darling Basin Authority established by the 20 Commonwealth Water Act, and other transitional 21 matters relating to the replacement of that Commission. 22 tabled text means the text of the proposed Water Amendment 23 Bill 2008 for a Commonwealth Act as tabled by or on behalf 24 of the Minister for the River Murray in the House of 25 Assembly of South Australia on 23 September 2008. 26 (2) A reference in this Act to a part of (or to be inserted in) the Commonwealth Water Act includes a reference to any 28 27 schedule to (or to be inserted in) that Act that contains 29 provisions enacted for the purposes of that part. 30 4 Reference of matters 31 (1) The following matters are referred to the Parliament of the 32 Commonwealth-- 33 Page 8
Water (Commonwealth Powers) Bill 2008 Part 2 Reference of matters [s 4] (a) the matters to which the initial referred provisions 1 relate, but only to the extent of the making of laws with 2 respect to those matters by including the initial referred 3 provisions in the Commonwealth Water Act in the 4 terms, or substantially in the terms, set out in schedule 1 5 of the tabled text; 6 (b) the referred subject-matters, but only to the extent of the 7 making of laws with respect to any such matter by 8 making express amendments of the Commonwealth 9 Water Act. 10 (2) The reference of a matter under subsection (1) has effect 11 only-- 12 (a) if and to the extent that the matter is not included in the 13 legislative powers of the Parliament of the 14 Commonwealth (otherwise than by a reference for the 15 purposes of section 51 (xxxvii) of the Constitution of 16 the Commonwealth); and 17 (b) if and to the extent that the matter is included in the 18 legislative powers of the Parliament of this State. 19 (3) The operation of each paragraph of subsection (1) is not 20 affected by the other paragraph. 21 (4) For the avoidance of doubt, it is the intention of the 22 Parliament of this State that-- 23 (a) the Commonwealth Water Act may be expressly 24 amended, or have its operation otherwise affected, at 25 any time after the commencement of this Act by 26 provisions of Commonwealth Acts whose operation is 27 based on legislative powers that the Parliament of the 28 Commonwealth has apart from under the references 29 under subsection (1); and 30 (b) the Commonwealth Water Act may at any time have its 31 operation affected, otherwise than by express 32 amendment, at any time by provisions of 33 Commonwealth Water Act instruments. 34 (5) Despite any other provision of this section, a reference under 35 this section has effect for a period-- 36 Page 9
Water (Commonwealth Powers) Bill 2008 Part 2 Reference of matters [s 5] (a) beginning when this section commences; and 1 (b) ending at the end of the day fixed under section 5 as the 2 day on which the reference is to terminate; 3 but no longer. 4 5 Termination of references 5 (1) The Governor may, at any time, by proclamation published in 6 the gazette, fix a day as the day on which-- 7 (a) the references terminate; or 8 (b) the amendment reference terminates. 9 (2) The Governor may, by proclamation published in the gazette, 10 revoke a proclamation published under subsection (1), in 11 which case the revoked proclamation is taken (for the 12 purposes of section 4) never to have been published. 13 (3) A revoking proclamation has effect only if published before 14 the day fixed under subsection (1). 15 (4) The revocation of a proclamation published under subsection 16 (1) does not prevent publication of a further proclamation 17 under that subsection. 18 (5) If the amendment reference has terminated, the expression the references in subsection (1)(a) refers to the initial reference 20 19 only. 21 6 Effect of termination of amendment reference before 22 initial reference 23 (1) If the amendment reference terminates before the initial 24 reference, the termination of the amendment reference does 25 not affect-- 26 (a) laws that were made under the amendment reference 27 before that termination (whether or not they have come 28 into operation before that termination); or 29 (b) the continued operation in the State of the 30 Commonwealth Water Act as in operation immediately 31 Page 10
Water (Commonwealth Powers) Bill 2008 Part 2 Reference of matters [s 7] before that termination or as subsequently amended or 1 affected by-- 2 (i) laws referred to in paragraph (a) that come into 3 operation after that termination; or 4 (ii) provisions referred to in section 4(4)(a) or (b). 5 (2) Accordingly, the amendment reference continues to have 6 effect for the purposes of subsection (1) unless the initial 7 reference is terminated. 8 (3) Subsection (1) does not apply to or in relation to an 9 amendment of the Commonwealth Water Act that is excluded 10 from the operation of this section by the proclamation that 11 terminates the amendment reference. 12 (4) For the purposes of subsection (1)-- 13 (a) the laws referred to in subsection (1)(a) include 14 Commonwealth Water Act instruments; and 15 (b) the reference in subsection (1)(b) to the Commonwealth 16 Water Act as in operation immediately before the 17 termination of the amendment reference includes that 18 legislation as affected by Commonwealth Water Act 19 instruments that have come into operation before that 20 time. 21 7 Evidence 22 (1) A certificate of the Clerk of the House of Assembly of South 23 Australia certifying that a document is an accurate copy of the 24 tabled text, or is an accurate copy of a particular part or of 25 particular provisions of the tabled text, is admissible in 26 evidence in any proceedings and is evidence-- 27 (a) of the matter certified; and 28 (b) that the text of the proposed Commonwealth Bill was 29 tabled in the House of Assembly of South Australia as 30 referred to in the definition of tabled text in section 3. 31 (2) Subsection (1) does not affect any other way in which the 32 tabling or content of the tabled text, or the accuracy of a copy 33 Page 11
Water (Commonwealth Powers) Bill 2008 Part 3 Amendment of Water Act 2000 [s 8] of the tabled text or of a part or provisions of the tabled text, 1 may be established. 2 8 Repeal 3 The Murray-Darling Basin Act 1996, No. 78 is repealed. 4 Part 3 Amendment of Water Act 2000 5 9 Act amended in pt 3 6 This part amends the Water Act 2000. 7 10 Amendment of s 26 (Moratorium notices) 8 (1) Section 26-- 9 insert-- 10 `(5A) The Minister may publish a moratorium notice-- 11 (a) whether or not a water resource plan has been approved 12 for any water to which the notice applies; and, 13 (b) if a water resource plan has been approved--whether or 14 not a resource operations plan has been approved for the 15 plan. 16 `(5B) If the Minister publishes a moratorium notice when a water 17 resource plan or a resource operations plan has been approved 18 for any water to which the notice applies, the notice prevails 19 over the plan to the extent the plan is inconsistent with the 20 notice.'. 21 (2) Section 26(7)(b)-- 22 omit, insert-- 23 `(b) until-- 24 Page 12
Water (Commonwealth Powers) Bill 2008 Part 3 Amendment of Water Act 2000 [s 11] (i) a water resource plan is approved for any water to 1 which the moratorium notice applies, but only if a 2 water resource plan for the water to which the 3 notice applies had not been approved before the 4 notice was published; or 5 (ii) the Minister publishes a further notice ending the 6 effect of the moratorium notice, including, for 7 example, in the following circumstances-- 8 (A) when a water resource plan for the water to 9 which the moratorium notice applies had 10 been approved before the moratorium notice 11 was published; 12 (B) when a resource operations plan for the 13 water to which the moratorium notice applies 14 had been approved before, or has been 15 approved after, the moratorium notice was 16 published.'. 17 11 Amendment of s 46 (Content of draft water resource 18 plans) 19 Section 46(3), `until a resource operations plan'-- 20 omit, insert-- 21 (the moratorium water) until a resource operations plan that 22 applies to the moratorium water'. 23 12 Replacement of s 103 (Preparing and approving final 24 draft resource operations plan) 25 Section 103-- 26 omit, insert-- 27 `103 Preparing and approving final draft resource 28 operations plan 29 `(1) This section applies if-- 30 (a) the chief executive has published a notice under section 31 100(1) (the plan notice) about a draft resource 32 Page 13
Water (Commonwealth Powers) Bill 2008 Part 3 Amendment of Water Act 2000 [s 12] operations plan to implement a water resource plan (the 1 notified draft); and 2 (b) the period under the plan notice for making submissions 3 has ended; and 4 (c) if section 102(2) applied for the notified draft--referral 5 panel recommendations have been made for the notified 6 draft. 7 `(2) The chief executive may decide to prepare, or not to prepare, a 8 final draft resource operations plan in relation to the notified 9 draft (the final draft). 10 `(3) The chief executive may, in preparing the final draft, decide to 11 defer making any provisions about a particular aspect 12 provided for under the notified draft (a deferred aspect) and 13 consider later whether or not to amend under section 105A to 14 make provisions about the deferred aspect. 15 Examples of what a deferred aspect may be about-- 16 � a particular part of the proposed plan area under the notified draft 17 � a particular type of water entitlement 18 � a type of water to which the notified draft applied 19 `(4) In making a decision under this section or preparing the final 20 draft, the chief executive must consider the submissions and, 21 if section 102(2) applied for the notified draft, the referral 22 panel recommendations. 23 `(5) The Governor in Council may approve the final draft if-- 24 (a) the final draft is not inconsistent with the water resource 25 plan; and 26 (b) if the final draft has a deferred aspect, the chief 27 executive has-- 28 (i) published a notice that identifies the deferred 29 aspect and states that the final draft has been 30 prepared without provisions about that aspect; and 31 (ii) given a copy of the notice under subparagraph (i) 32 to each local government and holder to whom the 33 Page 14
Water (Commonwealth Powers) Bill 2008 Part 3 Amendment of Water Act 2000 [s 13] chief executive was, under section 100(5), required 1 to send a copy of the plan notice. 2 `(6) Notice of the approval must be gazetted. 3 `(7) When approved, the final draft is the resource operations plan 4 for the water resource plan. 5 `(8) In this section-- 6 referral panel recommendations means recommendations 7 under section 102(3) about the notified draft.'. 8 13 Amendment of s 104 (Public notice of intention not to 9 proceed with making of draft resource operations plan) 10 (1) Section 104, heading, after `draft'-- 11 insert-- 12 `or final draft'. 13 (2) Section 104(1), after `plan'-- 14 insert-- 15 `or final draft resource operations plan'. 16 (3) Section 104(4)-- 17 omit. 18 14 Insertion of new ss 104A and 104B 19 Chapter 2, part 4, division 2, subdivision 1-- 20 insert-- 21 `104A Public notice of intention not to amend to provide for 22 deferred aspect 23 `(1) This section applies if-- 24 (a) a resource operations plan has a deferred aspect; and 25 (b) the chief executive decides not to amend the resource 26 operations plan to include provisions about the deferred 27 aspect. 28 Page 15
Water (Commonwealth Powers) Bill 2008 Part 3 Amendment of Water Act 2000 [s 15] `(2) The chief executive must-- 1 (a) publish a notice advising of the decision and the reasons 2 for it; and 3 (b) give a copy of the notice to each local government and 4 holder to whom the chief executive was required to give 5 notice under section 103(5)(b) about the deferred aspect. 6 `104B Public access to particular notices 7 `If, under section 103(5)(b)(ii), 104(3) or 104A(2)(b), a local 8 government receives a copy of a notice it must make the copy 9 available for inspection by the public.'. 10 15 Amendment of s 105 (Amending resource operations 11 plan) 12 Section 105, heading, `Amending'-- 13 omit, insert-- 14 `General provision for amending'. 15 16 Insertion of new s 105A 16 After section 105-- 17 insert-- 18 `105A Amendment to provide for deferred aspect 19 `(1) This section applies only if a resource operations plan has a 20 deferred aspect and the plan has not previously been amended 21 to include provisions about that aspect. 22 `(2) Despite section 105(3), the Governor in Council may approve 23 an amendment of the resource operations plan without 24 sections 95 to 104 applying if the amendment-- 25 (a) is about the deferred aspect; and 26 (b) is not inconsistent with the water resource plan that the 27 resource operations plan implements.'. 28 Page 16
Water (Commonwealth Powers) Bill 2008 Part 3 Amendment of Water Act 2000 [s 17] 17 Insertion of new ch 8, pt 6 1 Chapter 8-- 2 insert-- 3 `Part 6 Murray-Darling Basin 4 `1015 Particular documents to be tabled in the Legislative 5 Assembly 6 `(1) The Minister must table in the Legislative Assembly-- 7 (a) a copy of each annual report of the Murray-Darling 8 Basin Authority received by the Minister under the 9 Water Act 2007 (Cwlth); and 10 (b) a copy of each amendment of the Agreement that takes 11 effect under the terms of the Agreement; 12 within 15 sitting days after the report is received or the 13 amendment takes effect. 14 `(2) In this section-- 15 Agreement means the Murray-Darling Basin Agreement set 16 out in the Water Act 2007 (Cwlth), schedule 1.'. 17 18 Insertion of new ch 9, pt 5, div 12 18 Chapter 9, part 5-- 19 insert-- 20 `Division 12 Transitional provisions for Water 21 (Commonwealth Powers) Act 2008 22 `1168 Existing draft resource operation plans 23 `Chapter 2, part 4, division 2, as amended under the Water 24 (Commonwealth Powers) Act 2008, applies for a draft 25 resource operations plan prepared under that division before 26 this section commences. 27 Page 17
Water (Commonwealth Powers) Bill 2008 Part 3 Amendment of Water Act 2000 [s 19] `1169 Enactment of amendment of water resource plans 1 does not affect nature of plan 2 `It is declared that the amendment of a water resource plan 3 (the plan) under the Water (Commonwealth Powers) Act 2008 4 does not affect the power of-- 5 (a) the Minister to prepare, or the Governor in Council to 6 approve, a further amendment of the plan; or 7 (b) the Minister to prepare, and the Governor in Council to 8 approve, another water resource plan to replace the plan; 9 or 10 (c) the Governor in Council to repeal the plan.'. 11 19 Amendment of sch 4 (Dictionary) 12 (1) Schedule 4-- 13 insert-- 14 `deferred aspect, for a resource operations plan, means a 15 deferred aspect under section 103(3) of the final draft of the 16 plan prepared under that section. 17 floodwater means water overflowing, or that has overflowed, 18 from a watercourse or lake onto or over riparian land that is 19 not submerged when the watercourse or lake flows between or 20 is contained within its bed and banks.'. 21 (2) Schedule 4, definition resource operations plan, `section 22 103(2)'-- 23 omit, insert-- 24 `section 103(5)'. 25 Page 18
Water (Commonwealth Powers) Bill 2008 Part 4 Amendment of Water Resource (Border Rivers) Plan 2003 [s 20] Part 4 Amendment of Water Resource 1 (Border Rivers) Plan 2003 2 20 Water resource plan amended in pt 4 3 This part amends the Water Resource (Border Rivers) Plan 4 2003. 5 21 Amendment of s 18 (Decisions not to increase amount of 6 water taken) 7 Section 18(2), after `40'-- 8 insert-- 9 `or 41A'. 10 22 Insertion of new s 41A 11 Part 5, division 6-- 12 insert-- 13 `41A Grant of unallocated water to CEWH 14 `(1) This section applies despite any other provision of this plan or 15 the Act. 16 `(2) The chief executive must grant to CEWH from unallocated 17 water a water allocation with an average annual volume of 18 500ML for the taking of water from the plan area. 19 `(3) On the day the allocation is granted, the registrar must record 20 on the water allocations register details of the allocation 21 mentioned in the Act, section 127. 22 `(4) Within 30 business days after the chief executive grants the 23 allocation, the chief executive must give CEWH a notice 24 about the grant of the allocation. 25 `(5) The allocation has effect the day the registrar records the 26 granting of the allocation in the register. 27 Page 19
Water (Commonwealth Powers) Bill 2008 Part 4 Amendment of Water Resource (Border Rivers) Plan 2003 [s 23] `(6) This plan and the Act apply to the allocation, and to CEWH, 1 in the same way as they apply to any other allocation granted 2 by the chief executive and to any other allocation holder. 3 `(7) In this section-- 4 CEWH means the Commonwealth Environmental Water 5 Holder established under the Water Act 2007 (Cwlth), section 6 104.'. 7 23 Replacement of schedule 4 (Allocation of unallocated 8 water) 9 Schedule 4-- 10 omit, insert-- 11 `Schedule 4 Allocation of unallocated water 12 section 39 13 Column 1 Column 2 Column 3 Part of the plan area Average annual volume Use Stanthorpe Water 3000ML Irrigation and Management Area associated industry Stanthorpe Water 500ML Any Management Area Stanthorpe Water 1500ML Town water supply'. Management Area Page 20
Water (Commonwealth Powers) Bill 2008 Part 5 Amendment of Water Resource (Moonie) Plan 2003 [s 24] Part 5 Amendment of Water Resource 1 (Moonie) Plan 2003 2 24 Water resource plan amended in pt 5 3 This part amends the Water Resource (Moonie Plan) 2003. 4 25 Amendment of s 18 (Decisions not to increase amount of 5 water taken) 6 Section 18(2), after `40'-- 7 insert-- 8 `or 41A'. 9 26 Insertion of new s 41A 10 Part 5, division 6-- 11 insert-- 12 `41A Grant of unallocated water to CEWH 13 `(1) This section applies despite any other provision of this plan or 14 the Act. 15 `(2) The chief executive must grant to CEWH from unallocated 16 water a water allocation with an average annual volume of 17 1100ML for the taking of water from the Moonie River. 18 `(3) On the day the allocation is granted, the registrar must record 19 on the water allocations register details of the allocation 20 mentioned in the Act, section 127. 21 `(4) Within 30 business days after the chief executive grants the 22 allocation, the chief executive must give CEWH a notice 23 about the grant of the allocation. 24 `(5) The allocation has effect the day the registrar records the 25 granting of the allocation in the register. 26 Page 21
Water (Commonwealth Powers) Bill 2008 Part 6 Amendment of Water Resource (Warrego, Paroo, Bulloo and Nebine) Plan 2003 [s 27] `(6) This plan and the Act apply to the allocation, and to CEWH, 1 in the same way as they apply to any other allocation granted 2 by the chief executive and to any other allocation holder. 3 `(7) In this section-- 4 CEWH means the Commonwealth Environmental Water 5 Holder established under the Water Act 2007 (Cwlth), section 6 104.'. 7 Part 6 Amendment of Water Resource 8 (Warrego, Paroo, Bulloo and 9 Nebine) Plan 2003 10 27 Water resource plan amended in pt 6 11 This part amends the Water Resource (Warrego, Paroo, Bulloo 12 and Nebine) Plan) 2003. 13 28 Amendment of s 18 (Decisions not to increase amount of 14 water taken) 15 Section 18(2), after `40'-- 16 insert-- 17 `or 41A'. 18 29 Insertion of new s 41A 19 Part 5, division 6-- 20 insert-- 21 `41A Grant of unallocated water to CEWH 22 `(1) This section applies despite any other provision of this plan or 23 the Act. 24 Page 22
Water (Commonwealth Powers) Bill 2008 Part 7 Amendment of Land Act 1994 [s 30] `(2) The chief executive must grant to CEWH from unallocated 1 water-- 2 (a) a water allocation with an average annual volume of 3 8000ML for the taking of water from the catchment of 4 the Warrego River; and 5 (b) a water allocation with an average annual volume of 6 1000ML for the taking of water from the catchment of 7 the Nebine River. 8 `(3) On the day the allocation is granted, the registrar must record 9 on the water allocations register details of the allocation 10 mentioned in the Act, section 127. 11 `(4) Within 30 business days after the chief executive grants the 12 allocation, the chief executive must give CEWH a notice 13 about the grant of the allocation. 14 `(5) The allocation has effect the day the registrar records the 15 granting of the allocation in the register. 16 `(6) This plan and the Act apply to the allocation, and to CEWH, 17 in the same way as they apply to any other allocation granted 18 by the chief executive and to any other allocation holder. 19 `(7) In this section-- 20 CEWH means the Commonwealth Environmental Water 21 Holder established under the Water Act 2007 (Cwlth), section 22 104.'. 23 Part 7 Amendment of Land Act 1994 24 30 Act amended in pt 7 25 This part amends the Land Act 1994. 26 31 Amendment of s 431NB (Application of pt 3B) 27 Section 431NB(1)(a)(ii), `2008'-- 28 Page 23
Water (Commonwealth Powers) Bill 2008 Part 8 Amendment of Land Title Act 1994 [s 32] omit, insert-- 1 `2009'. 2 32 Amendment of s 431NF (Limit on application of s 358 3 (Changing deeds of grant--change in description or 4 boundary of land)) 5 Section 431NF, `2008'-- 6 omit, insert-- 7 `2009'. 8 Part 8 Amendment of Land Title Act 9 1994 10 33 Act amended in pt 8 11 This part amends the Land Title Act 1994. 12 34 Amendment of s 191B (Application of pt 10A) 13 Section 191B(1)(a)(ii), `2008'-- 14 omit, insert-- 15 `2009'. 16 � State of Queensland 2008 Page 24
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