Queensland Bills Explanatory Notes

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WILD RIVERS AND OTHER LEGISLATION AMENDMENT BILL 2006

                                       1
               Wild Rivers and Other Legislation Amendment Bill
                                     2006


Laid before the Legislative Assembly on 27 November 2006

Votes and Proceedings No. 7 (28 November 2006)




Wild Rivers and Other Legislation
Amendment Bill 2006

Erratum to Explanatory Notes

Title of the Bill
Wild Rivers and Other Legislation Amendment Bill 2006.

Reason for Erratum
The erratum is necessary to correct some errors in the explanatory notes to
ensure that the explanatory notes reflect the content of the Bill.



Notes on Provisions

Remove the sixth paragraph appearing on page 12, and replace the
paragraph with "Where irrigators, such as the mid-Brisbane irrigators,
currently hold a water entitlement, they will not be required to prepare a
WEMP for the water obtained via that entitlement." This amendment
clarifies the position of the relevant irrigators following a late change in the
drafting of the Bill to exempt those who hold a water entitlement from any
requirement to prepare a Water Efficiency Management Plan for the water
obtained via the entitlement.
For the last paragraph commencing on page 38, delete the paragraph and
replace that paragraph with "New section 360ZCA provides that the
purpose of this new division is to promote the efficient use of water by non-
residential customers. This division only applies for a non-residential

 


 

2 Wild Rivers and Other Legislation Amendment Bill 2006 customer in the SEQ region (or a designated region) who does not hold a water entitlement. However, if a non-residential customer in SEQ region or a designated region who holds a water entitlement also obtains water from a water service provider in another way, then the division applies to that customer for that water obtained in another way. For instance, if a non- residential customer obtains 20 megalitres of water per year via an entitlement, as well as another 5 megalitres of water as a general customer of the water service providers (and this water is not part of a water entitlement), that customer may be required to prepare a WEMP for the 5 megalitres of water (i.e. non-entitlement water), but the customer would not be required to prepare a WEMP for the 20 megalitres of water obtained via an entitlement.'' This amendment clarifies that the new Division 3 applies to SEQ or a designated area and clarifies that a non-residential customer does not have to prepare a WEMP for water obtained via a water entitlement, but that the same non-residential customer may be required to prepare a WEMP for other water supplied by a water service provider which is not part of a water entitlement. For the first paragraph commencing on page 45, insert the words "and provides a copy of the review report to the water service provider within a reasonable time" after the words "when the water service provider considers it appropriate". Following this amendment the paragraph should read "New section 360ZCK has been inserted to empower water service providers to ensure a customer with an approved WEMP reviews the WEMP when the water service provider considers it appropriate and provides a copy of the review report to the water service provider within a reasonable time. However, the WEMP must be reviewed by the customer at least every five years." This amendment clarifies that a review report must be provided to the water service provider. For the second paragraph commencing on page 45, insert at the end of that paragraph "For instance, an exemption from all or part of a water restriction may be able to be obtained by the preparation and compliance with a WEMP." Following this amendment the paragraph should read "Clause 78 amends section 360ZD and confirms that a water restriction can provide an exemption from all or part of the restriction. For instance, an exemption from all or part of a water restriction may be able to be obtained by the preparation and compliance with a WEMP." This amendment clarifies that the preparation of a WEMP is one way in which an exemption to a water restriction can be obtained. For the first paragraph commencing on page 46, insert at the end of that paragraph "For instance, an exemption from all or part of a water

 


 

3 Wild Rivers and Other Legislation Amendment Bill 2006 restriction may be able to be obtained by the preparation and compliance with a WEMP." Following this amendment the paragraph should read "Clause 80 amends section 388 of the Water Act 2000 and confirms that a water restriction can provide an exemption from all or part of the restriction. For instance, an exemption from all or part of a water restriction may be able to be obtained by the preparation and compliance with a WEMP." This amendment clarifies that preparation of a WEMP is one way in which an exemption from a water restriction can be obtained. For the third paragraph commencing on page 47, delete the paragraph and replace that paragraph with "New section 399 provides that the purpose of this new Division is to promote the efficient use of water by non-residential customers. This division only applies for a non-residential customer outside the SEQ region or a designated region (as those customers fall under the jurisdiction of the QWC in the new chapter 2A, part 5, divison 3) who does not hold a water entitlement. However, if a non-residential customer outside SEQ region or a designated region who holds a water entitlement also obtains water from a water service provider in another way, then the division applies to that customer for that water obtained in another way. for instance, if a non-residential customer obtains 20 megalitres of water per year via an entitlement, as well as another 5 megalitres of water as a general customer of the water service provider (and this water is not part of a water entitlement), that customer may be required to prepare a WEMP for the 5 megalitres of water (i.e. non- entitlement water), but the customer would not be required to prepare a WEMP for the 20 megalitres of water obtained via an entitlement.'' This amendment clarifies that the new Division 7 applies outside SEQ or a designated area and clarifies that a non-residential customer does not have to prepare a WEMP for water obtained via a water entitlement, but that the same non-residential customer may be required to prepare a WEMP for other water supplied by a water service provider which is not part of a water entitlement. For the fifth paragraph commencing on page 53, insert the words "and provides a copy of the review report to the water service provider within a reasonable time." after the words "when the water service provider considers it appropriate". Following the amendment the paragraph should read "New section 407B has been inserted to empower water service providers to ensure a customer with an approved WEMP reviews the WEMP when the water service provider considers it appropriate and provides a copy of the review report to the water service provider within a reasonable time. However, the WEMP must be reviewed by the customer at

 


 

4 Wild Rivers and Other Legislation Amendment Bill 2006 least every five years." This amendment clarifies that a review report must be provided to the water service provider. © State of Queensland 2006

 


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