Border Rivers and Moonie Water Management Protocol 2019 1

Border Rivers and Moonie

Water Management Protocol

February 2019 Amended March 2019 (Revision 1) This publication has been compiled by Water Policy, Department of Natural Resources, Mines and Energy © State of Queensland, 2019

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Chapter 1 Preliminary ...... 9 1 Short title...... 9 2 Commencement ...... 9 3 Purpose ...... 9 4 Interpretation of words ...... 9 5 Area to which protocol applies ...... 9 6 Water to which protocol applies ...... 9 7 Water supply schemes and zones...... 9 8 Water management areas and zones ...... 10 9 Flow conditions for water allocation groups...... 10 10 Interstate trading agreements dealing with unsupplemented water ...... 10 11 Consistency with interstate water sharing agreements...... 10 Chapter 2 Unallocated water ...... 11 12 Application of this chapter ...... 11 13 Availability of reserves ...... 11 Chapter 3 Supplemented water allocations – water allocation dealing rules ...... 12 14 Application of this chapter ...... 12 Part 1 Macintyre Brook water supply scheme ...... 12 Division 1 Permitted water allocation dealings ...... 12 15 Application of this division ...... 12 16 Subdivisions and amalgamations ...... 12 17 Location ...... 13 18 Purpose ...... 14 Division 2 Prohibited water allocation dealings ...... 14 19 Application of this division ...... 14 20 Subdivisions and amalgamations ...... 14 21 Location ...... 14 22 Purpose ...... 15 23 Priority group ...... 15 24 Nominal location ...... 15 Division 3 Other water allocation dealings ...... 15 25 Application for a change to a water allocation not specified as permitted or prohibited ...... 15 Part 2 Border Rivers Water Supply Scheme...... 15 Division 1 Permitted water allocation dealings ...... 15 26 Application of this division ...... 15 27 Subdivisions and amalgamations ...... 15 28 Location ...... 16

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29 Purpose ...... 16 30 Priority group ...... 16 Division 2 Prohibited water allocation dealings ...... 16 31 Application of this division ...... 16 32 Subdivisions and amalgamations ...... 17 33 Location ...... 17 34 Priority group ...... 17 Division 3 Other water allocation dealings ...... 17 35 Application for a change to a water allocation not specified as permitted or prohibited ...... 17 Chapter 4 Unsupplemented water allocations – Border Rivers water management area .... 18 36 Application of this chapter ...... 18 Part 1 Water sharing rules ...... 18 37 Announced period...... 18 38 Notification to opt out of access during an announced period ...... 18 Division 1 Accounting rules ...... 19 39 Multiyear accounting ...... 19 40 Instantaneous volumetric limit ...... 20 Division 2 Data collection rules...... 20 41 Water allocation holder data collection and transfer...... 20 42 Water allocation holder notification of change to storage ...... 20 Part 2 Water allocation dealing rules ...... 20 43 Application of this part ...... 20 Division 1 Permitted water allocation dealings ...... 20 44 Application of this division ...... 20 45 Subdivisions or amalgamations ...... 21 46 Purpose ...... 22 Division 2 Prohibited water allocation dealings ...... 22 47 Application of this division ...... 22 48 Subdivisions or amalgamations ...... 22 49 Location ...... 23 50 Water source ...... 23 Division 3 Assessed water allocation dealings ...... 23 51 Application of this division ...... 23 52 Assessing applications for particular dealings ...... 24 53 General assessment criteria ...... 25 54 Modifying a conjunctive storage condition...... 25 55 Removing a conjunctive storage condition ...... 25 56 Adding an instantaneous volumetric limit water sharing rule condition ...... 26 57 Removing an instantaneous volumetric limit water sharing rule condition...... 27

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Division 4 Other water allocation dealings ...... 27 58 Application for a change to a water allocation not specified as permitted, prohibited or assessed...... 27 Part 3 Seasonal water assignment rules ...... 27 59 For the remainder of the water year ...... 27 60 For an individual announced period...... 29 Chapter 5 Unsupplemented water allocations – Stanthorpe water management area ...... 30 61 Application of this chapter ...... 30 62 Water management area zone groups ...... 30 Part 1 Water sharing rules ...... 31 63 Taking water under a water allocation ...... 31 Division 1 Accounting rules ...... 31 64 Water allocations with a multiyear account water sharing rule ...... 31 65 Water allocations with a three year volumetric limit...... 32 Division 2 Data collection rules...... 32 66 Water allocation holder data collection and transfer...... 32 Part 2 Water allocation dealing rules ...... 32 67 Application of this part ...... 32 Division 1 Permitted water allocation dealings ...... 32 68 Application of this division ...... 32 69 Subdivisions or amalgamations ...... 33 70 Purpose ...... 34 71 Location—change to a location downstream in ‘Mainstream’ zone group ...... 34 72 Location—change to location downstream in ‘Tributary’ zone group ...... 35 Division 2 Prohibited water allocation dealings ...... 35 73 Application of this division ...... 35 74 Subdivisions and amalgamations ...... 35 75 Location ...... 36 76 Water source ...... 36 77 Flow conditions...... 36 78 Adding a multiyear account water sharing rule condition ...... 36 Division 3 Assessed water allocation dealings ...... 36 79 Application of this division ...... 36 80 Assessing applications for particular dealings ...... 37 81 Modifying a conjunctive storage condition...... 38 82 Removing a conjunctive storage condition ...... 38 83 Location—change to an upstream location ...... 38 84 Change a ‘Nil’ passing flow condition ...... 38 85 Removing a ‘no store’ condition ...... 39

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86 Multiyear account water sharing rule condition ...... 39 Division 4 Other water allocation dealings ...... 39 87 Application for a change to a water allocation not specified as permitted, prohibited or assessed...... 39 Part 4 Seasonal water assignment rules ...... 40 88 Seasonal water assignment rules...... 40 Chapter 6 Unsupplemented water allocations – Moonie water management area ...... 41 89 Application of this chapter ...... 41 Part 1 Water sharing rules ...... 41 90 Taking water under a water allocation ...... 41 91 Water allocation holder data collection and transfer...... 41 Part 2 Water allocation dealing rules ...... 41 92 Application of this part ...... 41 Division 1 Permitted water allocation dealings ...... 41 93 Application of this division ...... 41 94 Subdivisions or amalgamations ...... 42 Division 2 Prohibited water allocation dealings ...... 43 95 Application of this division ...... 43 96 Subdivisions or amalgamations ...... 43 97 Location ...... 43 98 Water source ...... 44 Division 3 Assessed water allocation dealings ...... 44 99 Application of this division ...... 44 100 Assessing applications for particular dealings ...... 44 101 Removing a conjunctive storage condition ...... 45 102 Change a ‘Nil’ passing flow condition ...... 45 103 Location – water allocations with visible passing flow condition ...... 45 Division 4 Other water allocation dealings ...... 45 104 Application for a change to a water allocation not specified as permitted, prohibited or assessed...... 45 Part 3 Seasonal water assignment rules ...... 46 105 Same water management area zone ...... 46 Chapter 7 Unsupplemented water allocations – other water management areas ...... 47 106 Application of this chapter ...... 47 Part 1 Water sharing rules ...... 47 107 Announced period...... 47 Division 1 Accounting rules ...... 48 108 Multiyear accounting ...... 48 109 Instantaneous volumetric limit ...... 49

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Division 2 Data collection rules...... 49 110 Water allocation holder data collection and transfer...... 49 111 Water allocation holder notification of change to storage ...... 49 Part 2 Water allocation dealing rules ...... 49 112 Application of this part ...... 49 Division 1 Permitted water allocation dealings ...... 50 113 Application of this division ...... 50 114 Subdivisions or amalgamations ...... 50 115 Purpose ...... 51 Division 2 Prohibited water allocation dealings ...... 51 116 Application of this division ...... 51 117 Subdivisions or amalgamations ...... 51 118 Location ...... 52 119 Water source ...... 52 Division 3 Assessed water allocation dealings ...... 52 120 Application of this division ...... 52 121 Assessing applications for particular dealings ...... 53 122 General assessment criteria ...... 54 123 Modifying a conjunctive storage condition...... 54 124 Removing a conjunctive storage condition ...... 54 125 Change a ‘Nil’ passing flow condition ...... 54 126 Location – water allocations with visible passing flow condition ...... 54 127 Adding an instantaneous volumetric limit water sharing rule condition ...... 55 128 Removing an instantaneous volumetric limit water sharing rule condition ...... 56 Division 4 Other water allocation dealings ...... 56 129 Application for a change to a water allocation not specified as permitted, prohibited or assessed...... 56 Part 3 Seasonal water assignment rules ...... 56 130 Macintyre Brook upstream zone...... 56 131 Other zones - same location of take ...... 57 Chapter 8 Surface water licences...... 58 132 Application of this chapter ...... 58 Part 1 General ...... 58 133 Water licence relocation rules ...... 58 134 Applications to change or remove particular conditions...... 58 135 Water licence for local government to interfere with flow by impounding ...... 58 Part 2 Water licences – Stanthorpe water management area ...... 58 136 Application of this part ...... 58 137 Data collection and transfer ...... 58

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138 Seasonal water assignment rules...... 59 Chapter 9 Underground water allocations – Border Rivers Alluvium underground water sub-area ...... 60 139 Application of this chapter ...... 60 Part 1 Water sharing rules ...... 60 140 Taking water under a water allocation ...... 60 Division 1 Announced allocation rules...... 60 141 Announced allocation—water allocations with a purpose of ‘urban’ ...... 60 142 Announced allocation—water allocations with a purpose of ‘any’...... 60 143 Announced allocation—sustainable diversion limit ...... 61 144 Announced allocation—Share of resource ...... 62 Division 2 Data collection rules...... 62 145 Water allocation holder data collection and transfer...... 62 Part 2 Water allocation dealing rules ...... 63 146 Application of this part ...... 63 Division 1 Permitted water allocation dealings ...... 63 147 Application of this division ...... 63 148 Purpose ...... 63 149 Subdivision...... 63 150 Location - replacement water bore ...... 63 Division 2 Prohibited water allocation dealings ...... 63 151 Application of this division ...... 63 152 Purpose ...... 64 153 Location ...... 64 Division 3 Assessed water allocation dealings ...... 64 154 Application of this division ...... 64 155 Location ...... 65 156 Amalgamation ...... 65 Division 4 Other water allocation dealings ...... 65 157 Application for a change to a water allocation not specified as permitted, prohibited or assessed...... 65 Part 3 Seasonal water assignment rules ...... 66 158 Accepting an application ...... 66 159 Deciding an application for seasonal water assignment ...... 66 Chapter 10 Underground water licences – Borders Rivers and Moonie underground water management area ...... 67 Part 1 Water sharing rules—general...... 67 160 Application of this chapter ...... 67 161 Taking water under a water licence ...... 67

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Part 2 Data collection rules ...... 67 162 Water licence holder data collection and transfer ...... 67 Part 3 Seasonal water assignment rules ...... 68 163 Application of this part ...... 68 164 Deciding an application ...... 68 Chapter 11 Underground water – impact assessment ...... 69 165 Application of this chapter ...... 69 166 Impact assessment rules ...... 69 167 Calculation of potential drawdown impact ...... 69 168 Determination of unacceptable impact...... 70 Chapter 12 Monitoring and reporting ...... 71 169 Water monitoring ...... 71 170 Natural ecosystems monitoring ...... 71 171 Assessment and reporting ...... 71 172 Requirement to make and keep records of contaminated agricultural run-off taken...... 75 Attachment 1 Dictionary ...... 76 Attachment 2 Supplemented surface water – water supply schemes and zones ...... 78 Attachment 3 Unsupplemented surface water – Border Rivers water management areas and zones ...... 79 Attachment 4 Unsupplemented surface water – Stanthorpe water management area and zones ...... 80 Attachment 5 Unsupplemented surface water – Moonie Water management area and zones 81 Zone boundary – Moonie Zone A and Moonie Zone B ...... 82 Zone boundary – Moonie Zone B and Moonie Zone C...... 82 Zone boundary – Moonie Zone C and Moonie Zone D...... 83 Zone boundary – Moonie Zone D, Moonie Zone E and Moonie Zone I...... 83 Zone boundary – Moonie Zone E and Moonie Zone F ...... 84 Zone boundary – Moonie Zone F and Moonie Zone J...... 84 Zone boundary – Moonie Zone F and Moonie Zone K ...... 85 Zone boundary – Moonie Zone G and Moonie Zone L ...... 85 Zone boundary – Moonie Zone G and Moonie Zone H ...... 86 Attachment 6 Border Rivers and Moonie underground water zones ...... 87 Underground water zone BRA-01 ...... 87 Underground water zone BRA-02 ...... 88 Underground water zone BRA-03 ...... 89 Underground water zone BRA-04 ...... 90 Underground water zone BRA-05 ...... 91 Attachment 7 Flow thresholds - water allocation groups for unsupplemented surface water 92 Attachment 8 Availability of unallocated water ...... 101

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Chapter 1 Preliminary 1 Short title This water management protocol may be cited as the Border Rivers and Moonie water management protocol 2019. 2 Commencement (1) The following provisions commence 1 July 2019—

(a) chapter 4, part 1, division 1;

(b) chapter 5, part 1;

(d) chapter 9; and

(e) chapter 10.

(2) The remaining provisions commence on the first business day after this water management protocol is made and is available on the department’s website. 3 Purpose This protocol implements parts of the Water Plan (Border Rivers and Moonie) 2019. 4 Interpretation of words The dictionary in attachment 1 defines particular words used in this protocol. 5 Area to which protocol applies This protocol applies to the plan area for the Water Plan (Border Rivers and Moonie) 2019 as shown in schedule 1 of the Water Plan (Border Rivers and Moonie) 2019. 6 Water to which protocol applies This protocol applies to surface water and underground water in the plan area. 7 Water supply schemes and zones (1) All water supply schemes in the Water Plan (Border Rivers and Moonie) 2019 area are shown in the map in attachment 2.

(2) Each water supply scheme is a water supply scheme for the Water Plan (Border Rivers and Moonie) 2019 and for the purposes of water allocation dealing rules in this plan.

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8 Water management areas and zones (1) Each water management area, water management area zone and underground water zone shown in the maps in attachments 3 to 6 is a water management area, water management area zone or underground water zone for the Water Plan (Border Rivers and Moonie) 2019.

(2) Each water management area zone and underground water zone shown in maps in attachments 3 to 6 is also for the purposes of water sharing rules, water allocation dealing rules and seasonal water assignment rules in this plan.

(3) Each water management area or zone includes—

(a) for surface water—

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

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

(b) for underground water—the boundaries of the underground water sub-areas, and the cadastre and boundaries of the underground water zones. 9 Flow conditions for water allocation groups (1) Each water allocation group for unsupplemented surface water allocations stated in attachment 7 is a water allocation group as stated in the Water Plan (Border Rivers and Moonie) 2019.

(2) Attachment 7 states the applicable flow condition for each water allocation group. 10 Interstate trading agreements dealing with unsupplemented water (1) For an interstate trade of unsupplemented water to occur, there must be an interstate trading agreement dealing with unsupplemented water between the Queensland (the State) regulator for unsupplemented water and the New South Wales equivalent to facilitate the transfer or seasonal assignment of an unsupplemented water allocation between the State and New South Wales.

(2) The interstate trading agreement dealing with unsupplemented water must address the administrative arrangements for metering and collection of water use information for water accounting purposes.

(3) Subsection (2) does not limit matters that may be dealt with by the interstate trading agreement. 11 Consistency with interstate water sharing agreements (1) Arrangements for interstate trading between the State and New South Wales must be consistent with the outcomes, measures and objectives of the Water Plan (Border Rivers and Moonie) 2019.

(2) Where there is inconsistency between the provisions in this protocol and the provisions of any water sharing agreement between the State and New South Wales, then to the extent of the inconsistency, the water sharing agreement prevails.

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Chapter 2 Unallocated water 12 Application of this chapter This chapter states the volumes of unallocated water reserved for stated purposes or stated locations mentioned in section 43 of the Water Plan (Border Rivers and Moonie) Plan 2019. 13 Availability of reserves (1) Unallocated water held as a reserve of surface water is reserved for the following purposes—

(a) coordinated project;

(b) town water supply;

(d) any.

(2) The volume and location of unallocated water held as a reserve of surface water is detailed in attachment 8, table 1.

(3) Unallocated water held as a reserve of underground water is reserved for the following purposes—

(a) helping an Aboriginal community achieve its economic and social aspirations; and

(b) any.

(4) The volume and location of unallocated water held as a reserve of underground water is detailed in attachment 8, table 2.

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Chapter 3 Supplemented water allocations – water allocation dealing rules 14 Application of this chapter (1) For section 158(2) of the Act, this chapter states the water allocation dealing rules that apply to supplemented water allocations managed under the resource operations licences for—

(a) the Macintyre Brook water supply scheme; and

(b) the Border Rivers water supply scheme.

(2) The process for making an application for a water allocation dealing is prescribed in the Water Regulation 2016, part 5, division 3.

Part 1 Macintyre Brook water supply scheme Division 1 Permitted water allocation dealings 15 Application of this division For section 158(4)(a) of the Act, this division states the type of water allocation dealings that are permitted under the water allocation dealing rules in this protocol.

Note—

For deciding a water allocation dealing under this division, see the Act, section 159(2)(a). 16 Subdivisions and amalgamations (1) A subdivision of a water allocation is permitted if—

(a) the total of the nominal volumes of the resulting water allocations is the same as the nominal volume of the water allocation being subdivided; and

(b) the nominal volumes of the resulting water allocations are expressed as whole numbers, unless the water allocation being subdivided has a nominal volume that is not a whole number; and

(c) each resulting water allocation states the same terms and conditions as the water allocation being subdivided. They are—

(i) purpose,

(ii) nominal location,

(iii) location; and

(iv) priority group.

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(2) An amalgamation of two or more water allocations into a single water allocation is permitted if—

(a) the nominal volume of the resulting water allocation equals the total of the nominal volumes of the water allocations being amalgamated; and

(b) the water allocations being amalgamated have the same terms and conditions. They are—

(i) purpose,

(ii) nominal location,

(iii) location; and

(iv) priority group. 17 Location (1) A change to the location for the taking of water under the authority of a water allocation that belongs to a medium priority group is permitted if—

(a) the location is being changed to Macintyre Brook zone A, Macintyre Brook zone B, or Macintyre Brook zone C; and

(b) the change would not result in a total nominal volume in a zone that—

(i) exceeds the maximum nominal volume for the zone in which the water allocation is proposed to be located, as defined in table 1; or

(ii) is less than the minimum total nominal volume for the zone in which the water allocation is proposed to be located, as defined in table 1.

(2) A change to the location for the taking of water under the authority of a water allocation that belongs to a high priority group is permitted if—

(a) the location is being changed to Macintyre Brook zone A, Macintyre Brook zone B, or Macintyre Brook zone C; and

(b) the change would not result in a total nominal volume for high priority water allocations in the Macintyre Brook water supply scheme greater than 488 megalitres.

(3) For this section, the total nominal volume in a zone is the total nominal volume of all water allocations—

(a) for the zone; and

(b) for which a relevant certificate of the dealing has been issued under section 159 of the Act.

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Table 1 – Permitted distribution of nominal volumes for medium priority water allocations in the Macintyre Brook water supply scheme

Nominal volumes Macintyre Brook Macintyre Brook Macintyre Brook zone A zone B zone C Maximum total 18 109 18 109 24 509 (megalitres) Minimum total 0 0 6900 (megalitres)

18 Purpose A change to the purpose of a water allocation is permitted where the change in purpose is from—

(a) ‘any’ to ‘urban’;

(b) ‘agriculture’ to ‘any’; or

(c) ‘agriculture’ to ‘urban’. Division 2 Prohibited water allocation dealings 19 Application of this division For section 158(4)(c) of the Act, this division states the type of water allocation dealings that are prohibited under the water allocation dealing rules in this protocol.

Note—

For deciding a water allocation dealing under this division, see the Act, section 159(2)(c). 20 Subdivisions and amalgamations (1) A subdivision of a water allocation is prohibited if the subdivision is not in accordance with section 16(1).

(2) An amalgamation of two or more water allocations is prohibited if the amalgamation is not in accordance with section 16(2). 21 Location (1) A change to the location for the taking of water under the authority of a water allocation is prohibited where the change in location—

(a) is from within the Macintyre Brook water supply scheme to Border Rivers zone A;

(b) is from the Border Rivers zone B to Border Rivers zone A;

(c) would result in the total nominal volume in a zone exceeding the maximum nominal volume for a zone shown in table 1; and

(d) would result in the total nominal volume in a zone being less than the minimum nominal volume for a zone shown in table 1.

(2) For this section, the total nominal volume in a zone is the total nominal volume of all water allocations for the zone.

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22 Purpose A change to the purpose of a water allocation is prohibited where the change in purpose is from ‘bulk water supply commitment’ to any other purpose. 23 Priority group A change to the priority group of a water allocation is prohibited where the change is to a priority group that is not ‘medium priority’ or ‘high priority’. 24 Nominal location A change to the nominal location for a water allocation is prohibited. Division 3 Other water allocation dealings 25 Application for a change to a water allocation not specified as permitted or prohibited An application for a water allocation dealing that is not specified as permitted or prohibited in this protocol may be made in accordance with part 5, division 3, subdivision 4, of the Water Regulation 2016.

Part 2 Border Rivers Water Supply Scheme Division 1 Permitted water allocation dealings 26 Application of this division For section 158(4)(a) of the Act, this division states the type of water allocation dealings that are permitted under the water allocation dealing rules in this protocol.

Note—

For deciding a water allocation dealing under this division, see the Act, section 159(2)(a). 27 Subdivisions and amalgamations (1) A subdivision of a water allocation is permitted if—

(a) the total of the nominal volumes of the resulting water allocations is the same as the nominal volume of the water allocation being subdivided; and

(b) the nominal volumes of the resulting water allocations are expressed as whole numbers, unless the water allocation being subdivided has a nominal volume that is not a whole number; and

(c) each resulting water allocation states the same terms and conditions as the water allocation being subdivided. They are—

(i) purpose,

(ii) location; and

(iii) priority group.

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(2) An amalgamation of two or more water allocations into a single water allocation is permitted if—

(a) the nominal volume of the resulting water allocation equals the total of the nominal volumes of the water allocations being amalgamated; and

(b) the water allocations being amalgamated have the same terms and conditions. They are—

(i) purpose,

(ii) location; and

(iii) priority group. 28 Location A change to the location for the taking of water under the authority of a water allocation is permitted where the change is from—

(a) Border Rivers zone A to Border Rivers zone B; or

(b) Border Rivers zone B to Border Rivers zone A where the water allocation is not supplied under the resource operations licence for the Macintyre Brook water supply scheme. 29 Purpose A change to the purpose of a water allocation is permitted where the change in purpose is from—

(a) ‘any’ to ‘urban’;

(b) ‘agriculture’ to ‘any’; or

(c) ‘agriculture’ to ‘urban’. 30 Priority group (1) A change to the priority group of a water allocation is permitted where—

(a) the change is from ‘medium priority’ to ‘high priority’;

(b) the nominal volume of the amended water allocation is half the nominal volume of the water allocation being changed; and

(2) The total nominal volume of ‘medium priority’ water that may be changed to ‘high priority’ water after the commencement of the Border Rivers Resource Operations Plan 2008 (14 March 2008) must not exceed 2000 megalitres. Division 2 Prohibited water allocation dealings 31 Application of this division For section 158(4)(c) of the Act, this division states the type of water allocation dealings that are prohibited under the water allocation dealing rules in this protocol.

Note—

For deciding a water allocation dealing under this division, see the Act, section 159(2)(c).

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32 Subdivisions and amalgamations (1) A subdivision of a water allocation is prohibited if the subdivision is not in accordance with section 27(1).

(2) An amalgamation of two or more water allocations is prohibited if the amalgamation is not in accordance with section 27(2). 33 Location A change to the location for the taking of water under the authority of a water allocation is prohibited where the change is from—

(a) the Border Rivers zone A to a location within the Macintyre Brook water supply scheme; or

(b) Border Rivers zone B to Border Rivers zone A where the water allocation is supplied under the resource operations licence for the Macintyre Brook water supply scheme. 34 Priority group A change to the priority group of a water allocation is prohibited where the change is to a priority group that is not ‘medium priority’ or ‘high priority’. Division 3 Other water allocation dealings 35 Application for a change to a water allocation not specified as permitted or prohibited An application for a water allocation dealing that is not specified as permitted or prohibited in this protocol may be made in accordance with part 5, division 3, subdivision 4, of the Water Regulation 2016.

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Chapter 4 Unsupplemented water allocations – Border Rivers water management area 36 Application of this chapter This chapter applies to all unsupplemented water allocations in the Border Rivers water management area and deals with—

(a) water sharing rules;

(b) water allocation dealing rules; and

Part 1 Water sharing rules 37 Announced period (1) Water may only be taken under the authority of a water allocation during an announced period, as determined by the chief executive.

(2) Water allocation holders will be notified of an announced period by the chief executive when the Dumaresq – Barwon Border Rivers Commission has declared access to unsupplemented flows in the Border Rivers.

(3) An announced period must be consistent with the New South Wales – Queensland Intergovernmental Agreement.

(4) Water must be made available for take by water allocation holders during an announced period in proportion to the maximum rate of take for a water allocation, as determined by the chief executive.

(5) Subsection (4) does not apply to direct irrigation of small irrigation enterprises. 38 Notification to opt out of access during an announced period (1) A water allocation holder, may in writing, notify the chief executive that water will not be taken under the authority of a water allocation for a period defined by the water allocation holder.

(2) Water that could have been taken will be made available to other water allocation holders during the period defined by the water allocation holder in subsection (1), in proportion to the maximum rate of take for the remaining water allocations.

(3) The additional access will only be provided during announced periods where written notification has been received at least 24 hours prior to the announced period.

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Division 1 Accounting rules 39 Multiyear accounting (1) This section applies to water allocations which do not state a condition requiring the entitlement to be managed under an instantaneous volumetric limit water sharing rule.

(2) The chief executive must establish a volumetric account for each water allocation.

(3) The volumetric account limit is equal to the nominal volume of the water allocation multiplied by ten.

(4) The minimum volume of water that may be held in the volumetric account is zero megalitres.

(5) In each water year, a water allocation holder may take no more than the volume in the volumetric account or the volumetric limit of the water allocation, whichever is the lesser.

(6) At the start of the water year beginning 1 July 2019, the chief executive must credit each volumetric account with the initialisation volume calculated using the following formula—

Initialisation volume = 3 x NV – MU2017 – MU2018

(7) Parameters used in the formula stated in subsection (6) are stated in table 2.

Table 2 Parameters for determining initialisation volume.

Parameter Description

NV The nominal volume stated on the water allocation associated with the individual water account.

MU2017 Maximum use in the 2017-18 water year.

MU2017 is equal to the lesser of nominal volume or metered use under the authority of the water allocation in the water year commencing 1 July 2017.

MU2018 Maximum use in the 2018-19 water year.

MU2018 is equal to the lesser of nominal volume or metered use under the authority of the water allocation in the water year commencing 1 July 2018.

(8) On 1 July 2020 and at the commencement of each following water year, the chief executive

must credit the volumetric account with the lesser of—

(a) the difference between the volumetric account limit and the closing volumetric account balance at the end of the water year; and

(b) the nominal volume.

(9) Water taken under the authority of a water allocation must be deducted from the volumetric account.

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40 Instantaneous volumetric limit (1) This section applies to a water allocation that states a condition requiring the entitlement to be managed under an instantaneous volumetric limit water sharing rule.

(2) The instantaneous volumetric limit is the maximum volume of water that may be stored at any time on the parcels of land shown on the administrative plan specified on the water allocation.

(3) Water must not be taken under the water allocation if a volume of water equivalent to the volumetric limit for the allocation is stored on the parcels of land shown on the administrative plan specified on the water allocation at any time. Division 2 Data collection rules 41 Water allocation holder data collection and transfer (1) The water allocation holder or any seasonal water assignee must record meter readings, time and date at the—

(a) start of taking water; and

(b) end of taking water.

(2) The water allocation holder or any seasonal water assignee must transfer the data recorded under subsection (1) to the chief executive within five business days following an event.

(3) The chief executive must advise the resource operations licence holder of the meter readings provided under subsection (2) and the approved volume of unsupplemented water taken within ten business days of the conclusion of each announced period. 42 Water allocation holder notification of change to storage (1) The water allocation holder must notify the chief executive, in writing, within 20 business days of completion of a new storage or any change to an existing storage that is used to store water taken under the authority of a water allocation.

(2) Subsection (1) does not apply to activities associated with maintenance of a storage that do not increase the volume of water that could be stored.

Part 2 Water allocation dealing rules 43 Application of this part (1) For section 158(2) of the Act, this part states the water allocation dealing rules that apply to unsupplemented water allocations in the Border Rivers water management area.

(2) The process for making an application for a water allocation dealing is prescribed in the Water Regulation 2016, part 5, division 3. Division 1 Permitted water allocation dealings 44 Application of this division For section 158(4)(a) of the Act, this division states the type of water allocation dealings that are permitted under the water allocation dealing rules in this protocol.

Note—

For deciding a water allocation dealing under this division, see the Act, section 159(2)(a).

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45 Subdivisions or amalgamations (1) A subdivision of a water allocation is permitted if—

(a) the water allocation being subdivided does not state a conjunctive storage condition or an instantaneous volumetric limit water sharing rule condition;

(b) the total of the nominal volumes of the resulting water allocations is the same as the nominal volume of the water allocation being subdivided;

(c) the nominal volumes of the resulting water allocations are expressed as whole numbers, unless the water allocation being subdivided has a nominal volume that is not a whole number;

(d) the maximum rate of take and the volumetric limit of the water allocation being subdivided are subdivided in the same proportion as the nominal volume of each resulting water allocation; and

(e) each resulting water allocation states the same terms and conditions as the water allocation being subdivided. They are—

(i) purpose;

(ii) location;

(iii) water allocation group;

(iv) flow conditions; and

(v) any other conditions.

(2) An amalgamation of two or more water allocations into a single water allocation is permitted if—

(a) for each water allocation being amalgamated—

(i) the ratio between the nominal volume of the water allocation and the rate of take and volumetric limit of the water allocation is the same as the ratio between the nominal volume of each other water allocation being amalgamated and rate of take and volumetric limit of that other water allocation; and

(ii) the terms and conditions are the same. They are—

(A) purpose;

(B) location;

(D) flow conditions; and

(E) any other conditions; and

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(b) the amalgamation results in a water allocation—

(i) for which the ratio between the nominal volume of the water allocation and rate of take and volumetric limit of the water allocation is the same as the ratio between the nominal volume of each water allocation being amalgamated and rate of take and volumetric limit of that water allocation; and

(ii) that has the same terms and conditions as the water allocations being amalgamated. They are—

(A) purpose;

(B) location;

(D) flow conditions; and

(E) any other conditions. 46 Purpose A change to the purpose of a water allocation is permitted where the change in purpose is from—

(a) ‘any’ to ‘urban’;

(b) ‘agriculture’ to ‘any’; or

(c) ‘agriculture’ to ‘urban’. Division 2 Prohibited water allocation dealings 47 Application of this division For section 158(4)(c) of the Act, this division states the type of water allocation dealings that are prohibited under the water allocation dealing rules in this protocol.

Note—

For deciding a water allocation dealing under this division, see the Act, section 159(2)(c). 48 Subdivisions or amalgamations (1) Subdivision of a water allocation is prohibited if the subdivision is not in accordance with section 45(1).

(2) Amalgamation of two or more water allocations is prohibited if the amalgamation is not in accordance with section 45(2).

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49 Location (1) A change in location of a water allocation is prohibited where the change in location is from—

(a) any other water management area to a location within the Border Rivers water management area; or

(b) the Border Rivers water management area to a location within any other water management area, excluding the Macintyre Brook water management area.

(2) A change in location of a water allocation is prohibited if the water allocation states—

(a) a conjunctive storage condition; or

(b) a condition that water taken under the allocation is managed under an instantaneous volumetric limit water sharing rule. 50 Water source (1) A change to a water allocation that would allow water to be physically taken other than from an identified water source in schedule 8 of the Water Plan (Border Rivers and Moonie) 2019 is prohibited.

(2) Subsection (1) applies to a change to the elements of a water allocation. Division 3 Assessed water allocation dealings 51 Application of this division (1) For section 158(4)(b) of the Act, this division states the types of water allocation dealings that must be assessed against stated criteria under the water allocation dealing rules in this protocol.

(2) The division states, for the Water Regulation 2016, section 67(2)(b), the criteria for assessment for a dealing that must be assessed under this water management protocol.

Note—

For deciding a water allocation dealing under this division, see the Water Regulation 2016, sections 67 and 68.

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52 Assessing applications for particular dealings (1) The following are applications for particular water allocation dealings that must be assessed under this protocol—

(a) change to modify a conjunctive storage condition by removing a reference to one or more notified works;

(b) change to remove a conjunctive storage condition;

(d) change to remove an instantaneous volumetric limit water sharing rule condition from a water allocation.

(2) For a change to modify a conjunctive storage condition by removing a reference to one or more notified works the chief executive must approve the application, with or without conditions, if the chief executive is satisfied that it is consistent with the specific assessment criterion in section 54.

(3) For a change to remove a conjunctive storage condition the chief executive must approve the application, with or without conditions, if the chief executive is satisfied that it is consistent with the specific criterion in section 55.

(4) For a change to add an instantaneous volumetric limit water sharing rule condition the chief executive must approve the application, with or without conditions, if the chief executive is satisfied that it is consistent with the general assessment criteria in section 53 and the specific assessment criteria in section 56.

(5) For a change to remove an instantaneous volumetric limit water sharing rule condition the chief executive must approve the application, with or without conditions, if the chief executive is satisfied that it is consistent with the general assessment criteria in section 53 and the specific assessment criteria in section 57.

(6) The application is to be made in accordance with section 63 of the Water Regulation 2016.

(7) There is no requirement to publish a notice of the application made in accordance with this protocol.

(8) If the chief executive is satisfied there will be considerable expense in investigating the application the applicant must pay the reasonable costs incurred by the chief executive in investigating the application in accordance with section 66 of the Water Regulation 2016.

(9) If the chief executive is not satisfied that the criteria have been met, the chief executive must refuse the application.

(10)Within 10 business days of deciding to approve or refuse an application for a particular water allocation dealing, the chief executive must give written notice of the decision to the applicant.

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53 General assessment criteria The following are general assessment criteria for the purpose of assessing an application for a dealing mentioned in section 52(1)(c) and (d)—

(a) the change meets the objectives of the Water Plan (Border Rivers and Moonie) 2019;

(b) the change will not significantly adversely affect water entitlement holders, resource operations licence holders or natural ecosystems;

(d) the change does not result in an increase in the share of water available to be taken under the water allocation. 54 Modifying a conjunctive storage condition The chief executive must not approve an application to change the water allocation if removing the reference to the notified works will result in an increase in the average volume of water available to be taken in the plan area. 55 Removing a conjunctive storage condition The chief executive must not approve an application to change a water allocation by removing a condition that water taken is stored conjunctively with overland flow, if the chief executive has not made a decision under the Act regarding the granting or amending of a water licence for taking the overland flow water stored conjunctively with the water allocation, in accordance with the Water Plan (Border Rivers and Moonie) 2019.

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56 Adding an instantaneous volumetric limit water sharing rule condition (1) The chief executive must not approve an application to change a water allocation by adding an instantaneous volumetric limit water sharing rule if the water allocation has a conjunctive storage condition.

(2) If the chief executive decides to approve an application to change a water allocation by adding a condition to a water allocation that states that water taken under the water allocation is managed under an instantaneous volumetric limit water sharing rule, the chief executive—

(a) must change the water allocation to state a volumetric limit that ensures that the average annual volume of water that may be taken under the water allocation does not exceed the average annual volume of water available to be taken under the water allocation prior to the application for the change, having regard to a relevant entitlement associated with the parcels of land shown on the administrative plan stated in the water allocation condition required under subsection (b)(ii); and

(b) must change the water allocation to include conditions stating that—

(i) water taken under the authority of the allocation is managed under an instantaneous volumetric limit water sharing rule; and

(ii) water taken under its authority must only be stored on the parcels of land shown on an administrative plan; and

(c) may amend a water licence that is a relevant entitlement, to add a condition prohibiting the take of water if a volume equivalent to the volumetric limit determined under subsection 2(a) is stored on the parcels of land shown on the administrative plan mentioned in subsection 2(b)(ii).

(3) For this section—

relevant entitlement means any unsupplemented water allocation or water licence issued under the Act, where the water taken under the authority of the entitlement is stored on the parcels of land shown on the administrative plan stated in the water allocation condition required under subsection (b)(ii).

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57 Removing an instantaneous volumetric limit water sharing rule condition If the chief executive decides to approve an application to change a water allocation by removing a condition from a water allocation that states that water taken under the water allocation is managed under an instantaneous volumetric limit water sharing rule, the chief executive—

(a) must change the water allocation to state a volumetric limit that ensures that the average annual volume of water that may be taken under the water allocation does not exceed the average annual volume of water available to be taken under the water allocation prior to the change to the water allocation to add an instantaneous volumetric limit condition; and

(b) must change the water allocation to remove conditions stating that—

(i) water taken under the authority of the allocation is managed under an instantaneous volumetric limit water sharing rule; and

(ii) water taken under its authority must only be stored on the parcels of land shown on an administrative plan; and

(c) may amend a water licence to remove a condition applied in accordance with section 56(2)(c). Division 4 Other water allocation dealings 58 Application for a change to a water allocation not specified as permitted, prohibited or assessed An application for a water allocation dealing that is not specified as permitted, prohibited or assessed may be made in accordance with part 5, division 3, subdivision 4, of the Water Regulation 2016.

Part 3 Seasonal water assignment rules 59 For the remainder of the water year The chief executive must only approve an application for seasonal water assignment of a water allocation for the remainder of the water year if—

(a) the seasonal water assignment is for a location within the Border Rivers water management area;

(b) the water allocation being seasonally assigned does not have a conjunctive storage condition or an instantaneous volumetric limit water sharing rule condition;

(c) the flow condition under which water may be taken under seasonal water assignment is the same as the flow condition for the water allocation being seasonally assigned;

(d) the maximum volume that may be taken under the seasonal water assignment is no greater than the unused volume that may be taken under the authority of the water allocation being seasonally assigned;

(e) the maximum rate of take under the seasonal water assignment is in the same proportion as the share of the unused volume being seasonally assigned relative to the unused volume available under the authority of the water allocation;

(f) the water account of the water allocation being seasonally assigned is debited by the maximum volume that may be taken under the seasonal water assignment;

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(g) the volumetric limit of the water allocation being seasonally assigned is reduced by the maximum volume that may be taken under the seasonal water assignment, for the remainder of the water year;

(h) the holder of the distribution operations licence consents to the arrangement where the water allocation to which the seasonal water assignment relates is distributed by a distribution operations licence holder or the seasonal water assignment would require distribution at any point by the holder of a distribution operations licence;

(i) where the seasonal water assignment is to a downstream location—

(i) water is only made available when there is an announced period for the water allocation being seasonally assigned; and

(ii) the volume made available during an announced period is—

(A) determined as if the location for the take of water under the seasonal water assignment is the location of the water allocation from which the seasonal water assignment is made; and

(B) reduced by a percentage equivalent to the percentage of transmission losses applicable to the relevant announced period, as determined by the river operator.

(j) where the seasonal water assignment is to an upstream location—

(i) water is only made available when an announced period applies to both—

(A) the location stated on the water allocation being seasonally assigned; and

(B) the location from which the seasonal water assignment is authorised to be taken;

(ii) the volume made available during an announced period—

(A) is determined based on the location of the water allocation being seasonally assigned; and

(B) does not reduce the availability of water for water allocations in the location from which the seasonal water assignment is authorised to be taken.

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60 For an individual announced period The chief executive must only approve an application for seasonal water assignment of a water allocation for an individual announced period as determined under section 37 if—

(a) the location for the take of the water that is the subject of the seasonal water assignment is the same as the location for the water allocation being seasonally assigned;

(b) the water allocation being seasonally assigned does not have a conjunctive storage condition or an instantaneous volumetric limit water sharing rule condition;

(c) the flow condition under which water may be taken under seasonal water assignment is the same as the flow condition for the water allocation being seasonally assigned;

(d) the seasonal water assignment notice states a condition specifying the individual announced period from which take of water is authorised under the assignment;

(e) the seasonal water assignment notice states an expiry date consistent with the end of the individual announced period from which take of water is authorised under the announcement;

(f) the maximum volume that may be taken under the seasonal water assignment is no greater than the volume available to be taken under the water allocation being seasonally assigned during the specified announced period;

(g) the maximum rate of take of the seasonal water assignment is no greater than the rate of take of the water allocation being seasonally assigned;

(h) the water account of the water allocation being seasonally assigned is debited by the maximum volume that may be taken under the seasonal water assignment;

(i) the volumetric limit of the water allocation being seasonally assigned is reduced by the maximum volume that may be taken under the seasonal water assignment, for the remainder of the water year; and

(j) the holder of the distribution operations licence consents to the arrangement where the water allocation to which the seasonal water assignment relates is distributed by a distribution operations licence holder or the seasonal water assignment would require distribution at any point by the holder of a distribution operations licence.

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Chapter 5 Unsupplemented water allocations – Stanthorpe water management area 61 Application of this chapter This chapter applies to all unsupplemented water allocations in the Stanthorpe water management area and deals with—

(a) water sharing rules;

(b) water allocation dealing rules; and

(a) The following water management area zones form the ‘Mainstream’ water management area zone group for the Stanthorpe water management area—

(i) Mid Quart Pot Creek zone;

(ii) Lower Quart Pot Creek zone;

(iii) Lower Broadwater zone;

(iv) Upper Severn River zone;

(v) Mid Severn River zone 1;

(vi) Mid Severn River zone 2;

(vii) Lower Accommodation Creek zone;

(viii) Lower Severn River zone 1;

(ix) Lower Severn River zone 2.

(b) The following water management area zones form the ‘Tributary’ zone group for the Stanthorpe water management area—

(i) Lower Pike Creek tributaries zone;

(ii) Mid Pike Creek and tributaries zone;

(iii) Upper Pike Creek and tributaries zone;

(iv) Maryland Creek and tributaries zone;

(v) Fifteen Mile Creek and tributaries zone;

(vi) Lower Severn tributaries zone;

(vii) Mid Severn tributaries zone;

(viii) Upper Severn tributaries zone;

(ix) Lower Accommodation tributaries zone;

(x) Upper Accommodation Creek and tributaries zone;

(xi) Bald Rock Creek and tributaries zone;

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(xii) Lower Broadwater tributaries zone;

(xiii) Upper Broadwater and tributaries zone;

(xi v) Cannon Creek and tributaries zone;

(xv) Lower Quart Pot tributaries zone;

(xvi) Mid Quart Pot Creek tributaries zone;

(xvii) Upper Quart Pot Creek and tributaries zone;

(xviii) Four Mile Creek and tributaries Zone; and

(xi x) Glen Niven tributaries zone.

Part 1 Water sharing rules 63 Taking water under a water allocation The volume of water taken under a water allocation in any three water year period must not exceed the volumetric account limit. Division 1 Accounting rules 64 Water allocations with a multiyear account water sharing rule (1) This section applies to water allocations that state a condition that the take of water under the allocation is managed under a multiyear account water sharing rule.

(2) The chief executive must establish a volumetric account for each water allocation.

(3) The volumetric account limit for a water allocation is equal to the volumetric limit stated on the water allocation multiplied by three.

(4) The minimum volume of water that may be held in the volumetric account is zero megalitres.

(5) At the start of the water year beginning 1 July 2019, the chief executive must credit each volumetric account with a volume equal to the volumetric limit stated on the water allocation multiplied by three.

(6) On 1 July 2022, and at the commencement of each following water year, the chief executive must credit the volumetric account with the difference between the volumetric account limit and the sum of the volumes taken in the previous two water years.

(7) Water taken under the authority of the water allocation must be deducted from the volumetric account.

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65 Water allocations with a three year volumetric limit (1) This section applies to water allocations that state a volumetric limit that applies to any single three (3) water year period.

(2) The chief executive must establish a volumetric account for each water allocation.

(3) The volumetric account limit for a water allocation is equal to the volumetric limit stated on the water allocation.

(4) The minimum volume of water that may be held in the volumetric account is zero megalitres.

(5) At the start of the water year beginning 1 July 2019, the chief executive must credit each volumetric account with a volume equal to the volumetric limit stated on the water allocation.

(7) Water taken under the authority of the water allocation must be deducted from the volumetric account. Division 2 Data collection rules 66 Water allocation holder data collection and transfer (1) The water allocation holder or any seasonal water assignee must record meter readings, time and date for each water allocation at the—

(a) start of taking water; and

(b) end of taking water.

(2) The water allocation holder or any assignee must transfer data recorded under subsection (1) to the chief executive quarterly or on request by the chief executive.

Part 2 Water allocation dealing rules 67 Application of this part (1) For section 158(2) of the Act, this part states the water allocation dealing rules that apply to unsupplemented water allocations in the Stanthorpe water management area.

(2) The process for making an application for a water allocation dealing is prescribed in the Water Regulation 2016, part 5, division 3. Division 1 Permitted water allocation dealings 68 Application of this division For section 158(4)(a) of the Act, this division states the type of water allocation dealings that are permitted under the water allocation dealing rules in this protocol.

Note—

For deciding a water allocation dealing under this division, see the Act, section 159(2)(a).

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69 Subdivisions or amalgamations (1) A subdivision of a water allocation is permitted if—

(a) the water allocation being subdivided does not state a conjunctive storage condition;

(b) the total of the nominal volumes of the resulting water allocations is the same as the nominal volume of the water allocation being subdivided;

(c) the nominal volumes of the resulting water allocations are expressed as whole numbers, unless the water allocation being subdivided has a nominal volume that is not a whole number;

(d) the maximum rate of take and the volumetric limit of the water allocation being subdivided are subdivided in the same proportion as the nominal volume of each resulting water allocation; and

(e) each resulting water allocation states the same terms and conditions as the water allocation being subdivided. They are—

(i) purpose;

(ii) location;

(iii) water allocation group;

(iv) flow conditions; and

(v) any other conditions.

(2) An amalgamation of two or more water allocations into a single water allocation is permitted if—

(a) for each water allocation being amalgamated—

(ii) the terms and conditions are the same. They are—

(A) purpose;

(B) location;

(D) flow conditions; and

(E) any other conditions; and

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(b) the amalgamation results in a water allocation—

(ii) the terms and conditions are the same as the water allocations being amalgamated. They are—

(A) purpose;

(B) location;

(D) flow conditions; and

(E) any other conditions. 70 Purpose A change to the purpose of a water allocation is permitted where the change in purpose is from ‘any’ to ‘urban’. 71 Location—change to a location downstream in ‘Mainstream’ zone group (1) This section applies to a water allocation that—

(a) is located in the ‘Mainstream’ zone group, excluding Lower Severn River zone 2;

(b) does not state a ‘Nil’ passing flow condition; and

(2) A change to a location of a water allocation to a location downstream in the ‘Mainstream’ zone group is permitted where the change would result in the water allocation stating—

(a) the same flow conditions;

(b) the same zone; and

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72 Location—change to location downstream in ‘Tributary’ zone group (1) This section applies to a water allocation that—

(a) is located in the ‘Tributary’ zone group;

(b) does not state a ‘Nil’ passing flow condition; and

(2) A change to a location of a water allocation to a location downstream in the ‘Tributary’ zone group is permitted where the change would result in the water allocation stating—

(a) the same flow conditions;

(b) the same zone;

(d) a place in the same reach.

(3) For this section—

reach means a stretch of watercourse between the place on the water allocation before the change, downstream to any confluence with another watercourse. Division 2 Prohibited water allocation dealings 73 Application of this division For section 158(4)(c) of the Act, this division states the type of water allocation dealings that are prohibited under the water allocation dealing rules in this protocol.

Note—

For deciding a water allocation dealing under this division, see the Act, section 159(2)(c). 74 Subdivisions and amalgamations (1) Subdivision of a water allocation is prohibited if the subdivision is not in accordance with section 69(1).

(2) Amalgamation of two or more water allocations is prohibited if the amalgamation is not in accordance with section 69(2).

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75 Location (1) A change of location of a water allocation is prohibited if the change in location is from—

(a) any water management area to a location within the Stanthorpe water management area; or

(b) the Stanthorpe water management area to a location within any other water management area; or

(i) Lower Pike Creek tributaries zone; or

(ii) Upper Quart Pot Creek and tributaries zone; or

(iii) Glen Niven tributaries zone.

(2) A change of location of a water allocation is prohibited if the resulting water allocation does not state a location that includes a place. 76 Water source (1) A change to a water allocation that would allow water to be physically taken other than from an identified water source in schedule 8 of the Water Plan (Border Rivers and Moonie) 2019 is prohibited.

(2) Subsection (1) applies to a change to the elements of a water allocation. 77 Flow conditions A change of flow conditions from a flow greater than zero ML/day (including ‘visible passing flow’), to a passing flow condition of ‘Nil’ (a ‘Nil’ passing flow condition) is prohibited. 78 Adding a multiyear account water sharing rule condition A change to a water allocation to add a multiyear account water sharing rule condition is prohibited for water allocations that state a ‘Nil’ passing flow condition. Division 3 Assessed water allocation dealings 79 Application of this division (1) For section 158(4)(b) of the Act, this division states the types of water allocation dealings that must be assessed against stated criteria under the water allocation dealing rules in this protocol.

(2) The division states, for the Water Regulation 2016, section 67(2)(b), the criteria for assessment for a dealing that must be assessed under this water management protocol.

Note—

For deciding a water allocation dealing under this division, see the Water Regulation 2016, sections 67 and 68.

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80 Assessing applications for particular dealings (1) The following are applications for particular water allocation dealings that must be assessed under this protocol—

(a) change to modify a conjunctive storage condition by removing a reference to one or more notified works;

(b) change to remove a conjunctive storage condition on a water allocation;

(c) change to the location of a water allocation to an upstream location, where the water allocation being changed states a zone and place;

(d) change to a ‘Nil’ passing flow condition;

(e) change to remove a ‘no store’ condition on a water allocation with a ‘Nil’ passing flow condition; and

(f) change to add a multiyear account water sharing rule condition.

(2) For assessing section (1), the chief executive must approve the application, with or without conditions, if the chief executive is satisfied that it is consistent with the relevant specific assessment criteria mentioned in the following sections—

(a) for a change to modify a conjunctive storage condition by removing a reference to one or more notified works—section 81;

(b) for a change to remove a conjunctive storage condition—section 82;

(c) for a change to the location of a water allocation to an upstream location, where the water allocation being changed states a zone and place—section 83;

(d) for a change to a ‘Nil’ passing flow condition—section 84;

(e) for a change to remove a ‘no store’ condition on a water allocation with a ‘Nil’ passing flow condition—section 85;

(f) for a change to add a multiyear account water sharing rule condition—section 86.

(3) The application is to be made in accordance with section 63 of the Water Regulation 2016.

(4) There is no requirement to publish a notice of the application if it is made in accordance with this protocol.

(5) If the chief executive is satisfied there will be considerable expense in investigating the application the applicant must pay the reasonable costs incurred by the chief executive in investigating the application in accordance with section 66 of the Water Regulation 2016.

(6) If the chief executive is not satisfied that the criteria have been met, the chief executive must refuse the application.

(7) Within 10 business days of deciding to approve or refuse an application for a particular water allocation dealing, the chief executive must give written notice of the decision to the applicant.

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81 Modifying a conjunctive storage condition The chief executive must not approve the application to change the water allocation if removing the reference to the notified works will result in an increase in the average volume of water available to be taken in the plan area. 82 Removing a conjunctive storage condition The chief executive must not approve an application to change a water allocation by removing a condition that water taken is stored conjunctively with overland flow if the chief executive has not made a decision under the Act regarding the granting or amending of a water licence for taking the overland flow water stored conjunctively with the water allocation, in accordance with the Water Plan (Border Rivers and Moonie) 2019. 83 Location—change to an upstream location (1) The chief executive must approve an application to change the location of a water allocation to an upstream location, if—

(a) the water allocation does not state a ‘Nil’ passing flow condition;

(b) the water allocation does not state a conjunctive storage condition;

(d) the change would not result in a change to the watercourse stated on the water allocation;

(e) the change would not result in a change to the zone stated on the water allocation; and

(f) the change would result in the water allocation stating a location that includes a place.

(2) In addition to subsection (1), the chief executive must state a flow condition that has been calculated by adding the stated maximum rate of take of all water allocations with a passing flow condition located between the current location and the new location to the passing flow condition of the water allocation. 84 Change a ‘Nil’ passing flow condition (1) The chief executive must approve an application to make a change to a ‘Nil’ passing flow condition on a water allocation if the change is to a ‘Visible passing flow immediately downstream of the point of take’.

(2) If the chief executive decides to approve the application with conditions, the chief executive must include on the water allocation—

(a) where the water allocation provides for the volumetric limit to be taken over a single water year—

(i) a multiyear account water sharing rule condition; and

(ii) a condition stating the volumetric account limit; and

(b) where the water allocation is located in a water allocation group ending in ‘C’, a water allocation group ending in ‘B’ for the zone.

(3) In addition to (2) above, if the water allocation contains a ‘no store’ condition, the chief executive must remove the condition.

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85 Removing a ‘no store’ condition (1) This section applies to a water allocation that includes—

(a) a condition stating that ‘water taken under the authority of this allocation must not be stored’ (a ‘no store’ condition); and

(b) a passing flow condition of ‘Nil’.

(2) If the chief executive decides to approve with conditions the application to change a water allocation by removing a ‘no store’ condition from a water allocation, the chief executive must include a flow condition other than a ‘Nil’ passing flow condition.

(3) In addition to subsection (2), if the chief executive decides to approve the application with conditions and the water allocation provides for the volumetric limit to be taken over a single water year, the chief executive must include—

(a) a multiyear account water sharing rule condition; and

(b) a condition stating that the volume of water that may be taken under the authority of the water allocation is the volumetric limit multiplied by three. 86 Multiyear account water sharing rule condition (1) The chief executive must not approve an application to change a water allocation to include a multiyear account water sharing rule condition if—

(a) the water allocation does not provide for the volumetric limit to be taken over a single water year; and

(b) the passing flow condition states ‘Nil’.

(2) If the chief executive decides to approve the application with conditions, the chief executive must include a condition stating that the volume of water that may be taken under the authority of the water allocation is the volumetric limit multiplied by three. Division 4 Other water allocation dealings 87 Application for a change to a water allocation not specified as permitted, prohibited or assessed An application for a water allocation dealing that is not specified as permitted, prohibited or assessed under this protocol may be made in accordance with part 5, division 3, subdivision 4, of the Water Regulation 2016.

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Part 4 Seasonal water assignment rules 88 Seasonal water assignment rules The chief executive must only approve an application for seasonal water assignment of a water allocation if—

(a) the seasonal water assignment is for the remainder of the water year;

(b) the location (zone) of the take of water that is the subject of the seasonal water assignment is from the same zone as the water allocation being seasonally assigned;

(c) subsection (b) does not apply if the location of the water allocation being seasonally assigned, and the location of the assignee, are within any of the following zones—

(i) Mid Pike Creek and tributaries; or

(ii) Upper Pike Creek and tributaries; or

(iii) Maryland Creek and tributaries; or

(iv) Fifteen Mile Creek and tributaries.

(d) the water allocation being seasonally assigned does not have a conjunctive storage condition;

(e) the water allocation being seasonally assigned does not have a condition that states water taken under the authority of this allocation cannot be stored;

(f) the flow condition for the take of water that is the subject of the seasonal water assignment is—

(i) for an assignment to an upstream location calculated by adding the maximum rate of take of all water allocations with a flow condition located between the current location and the new location to the flow condition of the water allocation being assigned; or

(ii) for an assignment to a downstream location, the greater of— (A) the flow condition on the water allocation being seasonally assigned; or (B) a ‘visible flow’ condition.

(g) the maximum volume that may be taken under the seasonal water assignment is no greater than the unused volume that may be taken under the authority of the water allocation being seasonally assigned;

(h) the maximum rate of take under the seasonal water assignment is in the same proportion as the share of the unused volume being seasonally assigned relative to the unused volume available under the authority of the water allocation; and

(i) the water account of the water allocation being seasonally assigned is debited by the maximum volume that may be taken under the seasonal water assignment.

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Chapter 6 Unsupplemented water allocations – Moonie water management area 89 Application of this chapter This chapter applies to all unsupplemented water allocations in the Moonie water management area and deals with—

(a) water sharing rules;

(b) water allocation dealing rules; and

Part 1 Water sharing rules 90 Taking water under a water allocation The volume of water taken under a water allocation in any water year must not exceed the volumetric limit. 91 Water allocation holder data collection and transfer (1) The water allocation holder or any seasonal water assignee must record meter readings, time and date at the—

(a) start of taking water; and

(b) end of taking water.

(2) The water allocation holder or any seasonal water assignee must transfer the data recorded under subsection (1) to the chief executive—

(a) within five business days following the event for water taken under the authority of a water allocation with flow conditions; or

(b) within five business days of the end of the quarter for water taken under the authority of a water allocation with a ‘Nil’ passing flow condition.

Part 2 Water allocation dealing rules 92 Application of this part (1) For section 158(2) of the Act, this part states the water allocation dealing rules that apply to unsupplemented water allocations in the Moonie water management area.

(2) The process for making an application for a water allocation dealing is prescribed in the Water Regulation 2016, part 5, division 3. Division 1 Permitted water allocation dealings 93 Application of this division For section 158(4)(a) of the Act, this division states the type of water allocation dealings that are permitted under the water allocation dealing rules in this protocol.

Note—

For deciding a water allocation dealing under this division, see the Act, section 159(2)(a).

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94 Subdivisions or amalgamations (1) A subdivision of a water allocation is permitted if—

(a) the water allocation being subdivided does not state a conjunctive storage condition;

(b) the total of the nominal volumes of the resulting water allocations is the same as the nominal volume of the water allocation being subdivided;

(c) the nominal volumes of the resulting water allocations are expressed as whole numbers, unless the water allocation being subdivided has a nominal volume that is not a whole number;

(d) the maximum rate of take and the volumetric limit of the water allocation being subdivided are subdivided in the same proportion as the nominal volume of each resulting water allocation; and

(e) each resulting water allocation states the same terms and conditions as the water allocation being subdivided. They are—

(i) purpose;

(ii) location;

(iii) water allocation group;

(iv) flow conditions; and

(v) any other conditions.

(2) An amalgamation of two or more water allocations into a single water allocation is permitted if—

(a) for each water allocation being amalgamated –

(ii) the terms and conditions are the same. They are—

(A) purpose;

(B) location;

(D) flow conditions; and

(E) any other conditions; and

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(b) the amalgamation results in a water allocation –

(ii) that has the same terms and conditions as the water allocations being amalgamated. They are—

(A) purpose;

(B) location;

(D) flow conditions; and

(E) any other conditions. Division 2 Prohibited water allocation dealings 95 Application of this division For section 158(4)(c) of the Act, this part states the type of water allocation dealings that are prohibited under the water allocation dealing rules in this protocol.

Note—

For deciding a water allocation dealing under this division, see the Act, section 159(2)(c). 96 Subdivisions or amalgamations (1) Subdivision of a water allocation is prohibited if the subdivision is not in accordance with section 94(1).

(2) Amalgamation of two or more water allocations is prohibited if the amalgamation is not in accordance with section 94(2). 97 Location (1) A change of location of a water allocation is prohibited if the change in location is from—

(a) any other water management area to a location within the Moonie water management area; or

(b) the Moonie water management area to a location within any other water management area.

(2) A change of location of a water allocation is prohibited if the water allocation states—

(a) a conjunctive storage condition; or

(b) a ‘Nil’ passing flow condition.

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98 Water source (1) A change to a water allocation that would allow water to be physically taken other than from an identified water source in schedule 8 of the Water Plan (Border Rivers and Moonie) 2019 is prohibited.

(2) Subsection (1) applies to a change to the elements of a water allocation. Division 3 Assessed water allocation dealings 99 Application of this division (1) For section 158(4)(b) of the Act, this division states the types of water allocation dealings that must be assessed against stated criteria under the water allocation dealing rules in this protocol.

(2) The division states, for the Water Regulation 2016 section 67(2)(b), the criteria for assessment for a dealing that must be assessed under this water management protocol.

Note—

For deciding a water allocation dealing under this division, see the Water Regulation 2016, sections 67 and 68. 100 Assessing applications for particular dealings (1) The following are applications for particular water allocation dealings that must be assessed under this protocol—

(a) change to remove a conjunctive storage condition from a water allocation;

(b) change to a ‘Nil’ passing flow condition; and

(2) For assessing subsection (1) the chief executive must approve the application, with or without conditions, if the chief executive is satisfied that it is consistent with the specific assessment criteria mentioned in the following sections—

(a) for a change to remove a conjunctive storage condition—section 101 and

(b) for a change to a ‘Nil’ passing flow condition—section 102.

(3) The application is to be made in accordance with section 63 of the Water Regulation 2016.

(4) There is no requirement to publish a notice of the application if it is made in accordance with this protocol.

(6) If the chief executive is not satisfied that the criteria have been met, the chief executive must refuse the application.

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(7) Within 10 business days of deciding to approve or refuse an application for a particular water allocation dealing, the chief executive must give written notice of the decision to the applicant. 101 Removing a conjunctive storage condition The chief executive must not approve an application to change a water allocation by removing a condition that water taken is stored conjunctively with overland flow if the chief executive has not made a decision under the Act regarding the granting or amending of a water licence for taking the overland flow water stored conjunctively with the water allocation, in accordance with the Water Plan (Border Rivers and Moonie) 2019. 102 Change a ‘Nil’ passing flow condition The chief executive must approve an application to make a change to a ‘Nil’ passing flow condition on a water allocation if the change is to state a condition on the water allocation requiring that water can only be taken from a waterhole or weir when there is a visible flow passing downstream of the waterhole or weir control. 103 Location – water allocations with visible passing flow condition (1) The chief executive must not approve an application to change the location for the taking of water under the authority of a water allocation with a visible passing flow condition if the change will result in a change to the zone stated on the water allocation.

(2) If the chief executive decides to approve the application, the chief executive must also ensure the place component of the location for taking water under the water allocation is limited to an area no larger than the ponded area of the waterhole or weir from which the water will be taken. Division 4 Other water allocation dealings 104 Application for a change to a water allocation not specified as permitted, prohibited or assessed An application for a water allocation dealing that is not specified as permitted, prohibited or assessed under this protocol may be made in accordance with part 5, division 3, subdivision 4, of the Water Regulation 2016.

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Part 3 Seasonal water assignment rules 105 Same water management area zone (1) The chief executive must only approve a seasonal water assignment of a water allocation provided that—

(a) the seasonal water assignment is for the remainder of the water year;

(b) the zone where water may be taken under the seasonal water assignment is the same as the zone for the water allocation being seasonally assigned; and

(d) the water allocation does not have a ‘Nil’ passing flow condition; and

(e) the flow condition under which water may be taken under seasonal water assignment is the same as the flow condition for the water allocation being seasonally assigned.

(2) Despite subsection (1)(d), if the water allocation being seasonally assigned has a ‘Nil’ passing flow condition and the location for the take of water under the seasonal assignment is the same as the location for the water allocation being assigned, then water may only be taken under the seasonal water assignment from a waterhole or weir under the same conditions as the water allocation being assigned.

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Chapter 7 Unsupplemented water allocations – other water management areas 106 Application of this chapter (1) This chapter applies to all unsupplemented water allocations in the below water management areas— (a) Callandoon Creek water management area; (b) Lower Weir River water management area; (c) Macintyre Brook water management area; (d) Northern Weir River water management area; and (e) Upper Weir River water management area.

(2) This chapter deals with— (a) water sharing rules; (b) water allocation dealing rules; and (c) seasonal water assignment rules.

Part 1 Water sharing rules 107 Announced period (1) This section does not apply to the Northern Weir River water management area, or to the Macintyre Brook upstream zone in the Macintyre Brook water management area.

(2) Water may only be taken under the authority of a water allocation during an announced period, as determined by the chief executive. (3) The chief executive must announce—

(a) the start and end of an announced period for an event;

(b) the water allocations that the announcement relates to; and

(4) In deciding the start and finish, and rules under which a water allocation holder may take water, the chief executive must have regard to—

(a) the provisions of any relevant management guidelines; and

(b) the conditions stated on the water allocation.

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Division 1 Accounting rules 108 Multiyear accounting (1) This section applies to water allocations —

(a) which do not state a condition requiring the entitlement to be managed under an instantaneous volumetric limit water sharing rule; and

(b) which are not located in the Macintyre Brook upstream zone in the Macintyre Brook water management area.

(2) The chief executive must establish a volumetric account for each water allocation.

(3) The volumetric account limit is equal to the nominal volume of the water allocation multiplied by ten.

(4) The minimum volume of water that may be held in the volumetric account is zero megalitres.

(5) In each water year, a water allocation holder may take no more than the volume in the volumetric account or the volumetric limit of the water allocation, whichever is the lesser.

(6) At the start of the water year beginning 1 July 2019, the chief executive must credit each volumetric account with the initialisation volume calculated using the following formula—

Initialisation volume = 3 x NV – MU2017 – MU2018

(7) Parameters used in the formula stated in subsection (6) are in table 3.

Table 3 Parameters for determining initialisation volume.

Parameter Description

NV The nominal volume stated on the water allocation associated with the individual water account.

MU2017 Maximum use in the 2017-18 water year.

MU2017 is equal to the lesser of nominal volume or metered use under the authority of the water allocation in the water year commencing 1 July 2017.

MU2018 Maximum use in the 2018-19 water year.

MU2018 is equal to the lesser of nominal volume or metered use under the authority of the water allocation in the water year commencing 1 July 2018.

(8) On 1 July 2020 and at the commencement of each following water year, the chief executive must credit the volumetric account with the lesser of—

(a) the difference between the volumetric account limit and the closing volumetric account balance at the end of the water year; and

(b) the nominal volume.

(9) Water taken under the authority of a water allocation must be deducted from the volumetric account.

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109 Instantaneous volumetric limit (1) This section applies to a water allocation that states a condition requiring the entitlement to be managed under an instantaneous volumetric limit water sharing rule.

(2) The instantaneous volumetric limit is the maximum volume of water that may be stored at any time on the parcels of land shown on the administrative plan specified on the water allocation.

(3) Water must not be taken under the water allocation if a volume of water equivalent to the volumetric limit for the allocation is stored on the parcels of land shown on the administrative plan specified in the conditions on the water allocation at any time. Division 2 Data collection rules 110 Water allocation holder data collection and transfer (1) The water allocation holder or any seasonal water assignee must record meter readings, time and date at the—

(a) start of taking water; and

(b) end of taking water.

(2) The water allocation holder or any seasonal water assignee must transfer the data recorded under subsection (1) to the chief executive—

(a) within five business days following the event for water taken under the authority of a water allocation with flow conditions; or

(b) within five business days of the end of the quarter for water taken under the authority of a water allocation with a ‘Nil’ passing flow condition. 111 Water allocation holder notification of change to storage (1) The water allocation holder must notify the chief executive, in writing, within 20 business days of completion of a new storage or any change to an existing storage that is used to store water taken under the authority of a water allocation.

(2) Subsection (1) does not apply to activities associated with maintenance of a storage that do not increase the volume of water that could be stored.

Part 2 Water allocation dealing rules 112 Application of this part (1) For section 158(2) of the Act, this part states the water allocation dealing rules that apply to unsupplemented water allocations listed in section 106(1)(a) to (e).

(2) The process for making an application for a water allocation dealing is prescribed in the Water Regulation 2016, part 5, division 3.

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Division 1 Permitted water allocation dealings 113 Application of this division For section 158(4)(a) of the Act, this division states the type of water allocation dealings that are permitted under the water allocation dealing rules in this protocol.

Note—

For deciding a water allocation dealing under this division, see the Act, section 159(2)(a). 114 Subdivisions or amalgamations (1) A subdivision of a water allocation is permitted if—

(a) the water allocation being subdivided does not state a conjunctive storage condition;

(b) the total of the nominal volumes of the resulting water allocations is the same as the nominal volume of the water allocation being subdivided;

(c) the nominal volumes of the resulting water allocations are expressed as whole numbers, unless the water allocation being subdivided has a nominal volume that is not a whole number;

(d) the maximum rate of take and the volumetric limit of the water allocation being subdivided is subdivided in the same proportion as the nominal volume of each resulting water allocation; and

(e) each resulting water allocation states the same terms and conditions as the water allocation being subdivided. They are—

(i) purpose;

(ii) location;

(iii) water allocation group;

(iv) flow conditions; and

(v) any other conditions.

(2) An amalgamation of two or more water allocations into a single water allocation is permitted if—

(a) for each water allocation being amalgamated –

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(ii) the terms and conditions are the same. They are—

(A) purpose;

(B) location;

(D) flow conditions; and

(E) any other conditions; and

(b) the amalgamation results in a water allocation—

(ii) that has the same terms and conditions as the water allocations being amalgamated. They are—

(A) purpose;

(B) location;

(D) flow conditions; and

(E) any other conditions. 115 Purpose A change to the purpose of a water allocation is permitted where the change in purpose is from—

(a) ‘any’ to ‘urban’;

(b) ‘agriculture’ to ‘any’; or

(c) ‘agriculture’ to ‘urban’. Division 2 Prohibited water allocation dealings 116 Application of this division For section 158(4)(c) of the Act, this division states the type of water allocation dealings that are prohibited under the water allocation dealing rules in this protocol.

Note—

For deciding a water allocation dealing under this division, see the Act, section 159(2)(c). 117 Subdivisions or amalgamations (1) Subdivision of a water allocation is prohibited if the subdivision is not in accordance with section 114(1).

(2) Amalgamation of two or more water allocations is prohibited if the amalgamation is not in accordance with section 114(2).

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118 Location (1) A change in location of a water allocation is prohibited where the change in location is from one water management area to within any other water management area.

(2) Subsection (1) does not apply to a change in location that is—

(a) from the Upper Weir River water management area to the Northern Weir River water management area; or

(b) from the Northern Weir River water management area to the Upper Weir River water management area.

(3) A change in location of a water allocation is prohibited if the water allocation states—

(a) a conjunctive storage condition;

(b) a condition that water taken under the allocation is managed under an instantaneous volumetric limit water sharing rule; or

(c) a ‘Nil’ passing flow condition. 119 Water source (1) A change to a water allocation that would allow water to be physically taken other than from an identified water source in schedule 8 of the Water Plan (Border Rivers and Moonie) 2019 is prohibited.

(2) Subsection (1) applies to a change to the elements of a water allocation. Division 3 Assessed water allocation dealings 120 Application of this division (1) For section 158(4)(b) of the Act, this division states the types of water allocation dealings that must be assessed against stated criteria under the water allocation dealing rules in this protocol.

(2) The division states, for the Water Regulation 2016 section 67(2)(b), the criteria for assessment for a dealing that must be assessed under this protocol.

Note—

For deciding a water allocation dealing under this division, see the Water Regulation 2016, sections 67 and 68.

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121 Assessing applications for particular dealings (1) The following are applications for particular water allocation dealings that must be assessed under this protocol—

(a) change to modify a conjunctive storage condition by removing the reference to one or more notified works;

(b) change to remove a conjunctive storage condition from a water allocation;

(d) change to the location of a water allocation with a visible passing flow condition;

(e) change to add an instantaneous volumetric limit water sharing rule condition to a water allocation; and

(f) change to remove an instantaneous volumetric limit water sharing rule condition from a water allocation.

(2) For assessing subsections (1)(a) to (d), the chief executive must approve the application, with or without conditions, if the chief executive is satisfied that it is consistent with the specific assessment criteria mentioned in the following sections—

(a) for a change to modify a conjunctive storage condition by removing the reference to one or more notified works—section 123;

(b) for a change to remove a conjunctive storage condition from a water allocation—section 124;

(d) for a change to the location of a water allocation with a visible passing flow condition— section 126.

(3) For a change to add an instantaneous volumetric limit water sharing rule condition the chief executive must approve the application, with or without conditions, if the chief executive is satisfied that it is consistent with the general assessment criteria in section 122 and the specific assessment criteria in section 127.

(4) For a change to remove an instantaneous volumetric limit water sharing rule condition the chief executive must approve the application, with or without conditions, if the chief executive is satisfied that it is consistent with the general assessment criteria in section 122 and the specific assessment criteria in section 128.

(5) The application is to be made in accordance with section 63 of the Water Regulation 2016.

(6) There is no requirement to publish a notice of the application if it is made in accordance with this protocol.

(7) If the chief executive is satisfied there will be considerable expense in investigating the application the applicant must pay the reasonable costs incurred by the chief executive in investigating the application in accordance with section 66 of the Water Regulation 2016.

(8) If the chief executive is not satisfied that the criteria have been met, the chief executive must refuse the application.

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(9) Within 10 business days of deciding to approve or refuse an application for a particular water allocation dealing, the chief executive must give written notice of the decision to the applicant. 122 General assessment criteria The following are general assessment criteria for the purpose of assessing an application for a dealing mentioned in section 121(1)(e) and (f)—

(a) the change meets the objectives of the Water Plan (Border Rivers and Moonie) 2019;

(b) the change will not significantly adversely affect water entitlement holders, resource operations licence holders or natural ecosystems;

(d) the change does not result in an increase in the share of water available to be taken under the water allocation. 123 Modifying a conjunctive storage condition The chief executive must not approve an application to change the water allocation if removing the reference to the notified works will result in an increase in the average volume of water available to be taken in the plan area. 124 Removing a conjunctive storage condition The chief executive must not approve an application to change a water allocation by removing a condition that water taken is stored conjunctively with overland flow, if the chief executive has not made a decision under the Act regarding the granting or amending of a water licence for taking the overland flow water stored conjunctively with the water allocation in accordance with the Water Plan (Border Rivers and Moonie) 2019. 125 Change a ‘Nil’ passing flow condition The chief executive must approve an application to make a change to a ‘Nil’ passing flow condition on a water allocation if the change is to a state a condition on the water allocation requiring that water can only be taken from a waterhole or weir when there is a visible flow passing downstream of the waterhole or weir control. 126 Location – water allocations with visible passing flow condition (1) The chief executive must not approve an application to change the location for the taking of water under the authority of a water allocation with a visible passing flow condition if the change will result in a change to the zone stated on the water allocation.

(2) If the chief executive decides to approve the application, the chief executive must ensure the place component of the location on the water allocation is limited to an area no larger than the ponded area of the waterhole or weir from which the water will be taken.

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127 Adding an instantaneous volumetric limit water sharing rule condition (1) The chief executive must not approve an application to change a water allocation by adding an instantaneous volumetric limit water sharing rule if the water allocation has a conjunctive storage condition.

(b) must change the water allocation to include conditions stating that—

(i) water taken under the authority of the allocation is managed under an instantaneous volumetric limit water sharing rule; and

(ii) water taken under its authority must only be stored on the parcels of land shown on an administrative plan; and

(3) For this section —

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128 Removing an instantaneous volumetric limit water sharing rule condition If the chief executive decides to approve an application to change a water allocation by removing a condition from a water allocation that states that water taken under the water allocation is managed under an instantaneous volumetric limit water sharing rule, the chief executive—

(a) must change the water allocation to state a volumetric limit that ensures that the average annual volume of water that may be taken under the water allocation does not exceed the average annual volume of water available to be taken under the water allocation prior to the change to the water allocation to add an instantaneous volumetric limit condition; and

(b) must change the water allocation to remove conditions stating that—

(i) water taken under the authority of the allocation is managed under an instantaneous volumetric limit water sharing rule; and

(ii) water taken under its authority must only be stored on the parcels of land shown on an administrative plan; and

(c) may amend a water licence to remove a condition applied in accordance with section 127(2)(c). Division 4 Other water allocation dealings 129 Application for a change to a water allocation not specified as permitted, prohibited or assessed An application for a water allocation dealing that is not specified as permitted, prohibited or assessed under this protocol may be made in accordance with part 5, division 3, subdivision 4, of the Water Regulation 2016.

Part 3 Seasonal water assignment rules 130 Macintyre Brook upstream zone (1) The chief executive must only approve a seasonal water assignment of a water allocation located in the Macintyre Brook upstream zone within the Macintyre Brook water management area provided that—

(a) the seasonal water assignment is for the remainder of the water year;

(b) the zone where water may be taken under the seasonal water assignment is the same as the zone for the water allocation being seasonally assigned; and

(d) the flow condition under which water may be taken under seasonal water assignment is the same as the flow condition for the water allocation being seasonally assigned.

(2) Despite subsection (1)(c), if the water allocation being seasonally assigned has a ‘Nil’ passing flow condition and the location for the take of water under the seasonal assignment is the same as the location for the water allocation being assigned, then water may only be taken under the seasonal water assignment from a waterhole or weir under the same conditions as the water allocation being assigned.

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131 Other zones - same location of take (1) This section does not apply to the Macintyre Brook upstream zone in the Macintyre Brook water management area.

(2) The chief executive must only approve an application for seasonal water assignment of a water allocation provided that—

(a) the seasonal water assignment is for the remainder of the water year;

(b) the location where water may be taken under the seasonal water assignment is the same as the location for the water allocation being seasonally assigned;

(c) the water allocation being seasonally assigned does not have a conjunctive storage condition or an instantaneous volumetric limit water sharing rule condition;

(d) the flow condition under which water may be taken under the seasonal water assignment is the same as the flow condition for the water allocation being seasonally assigned;

(e) the maximum volume that may be taken under the seasonal water assignment is no greater than the unused volume that may be taken under the authority of the water allocation being seasonally assigned;

(f) the maximum rate of take for the seasonal water assignment is in proportion to the share of the unused volume being seasonally assigned relative to the unused volume available under the authority of the water allocation;

(g) the water account of the water allocation being seasonally assigned is debited by the maximum volume that may be taken under the seasonal water assignment; and

(h) the volumetric limit of the water allocation being seasonally assigned is reduced by the maximum volume that may be taken under the seasonal water assignment, for the remainder of the water year.

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Chapter 8 Surface water licences 132 Application of this chapter This chapter applies to all surface water licences in the Water Plan (Border Rivers and Moonie) 2019 area.

Part 1 General 133 Water licence relocation rules The relocation of a surface water licence is prohibited. 134 Applications to change or remove particular conditions The removal of a condition from a water licence that states water taken under the authority of the licence must only be taken from a particular impoundment is prohibited. 135 Water licence for local government to interfere with flow by impounding (1) This section applies if the chief executive accepts and approves an application for a water licence or to amend a water licence from a local government to interfere with the flow of water by impounding.

(2) The water licence must contain conditions to the following effect—

(a) if applicable, a passing flow having regard to the flow threshold condition specified on the related water allocation; and

(b) a limit on the interference or increase in interference with the flow of water by impounding to the extent that the maximum volume of water that may be stored at full supply level is no greater that that necessary for the purpose having regard to—

(i) the conditions of the related water allocation; and

(ii) the local availability of water.

Part 2 Water licences – Stanthorpe water management area 136 Application of this part This part applies to surface water licences in the Stanthorpe water management area. 137 Data collection and transfer (1) The licensee or any seasonal water assignee must record meter readings, time and date for each licence or seasonal water assignment at the—

(a) start of taking water; and

(b) end of taking water.

(2) The licensee or any assignee must transfer data recorded under subsection (1) to the chief executive quarterly and on request by the chief executive.

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138 Seasonal water assignment rules The chief executive must only approve an application for seasonal water assignment of a water licence if—

(a) the water licence being seasonally assigned has a condition which states the water licence authorising the impoundment from which water must be taken, and is either—

(i) a declared metered entitlement specified in the Water Regulation 2016; or

(ii) authorised to take water only if an approved meter is installed as stated in a condition on the water licence; and

(b) the seasonal water assignment notice—

(i) is for the remainder of the water year;

(ii) states the same condition stating the water licence authorising the impoundment from which water must be taken as the water licence being seasonally assigned;

(iii) states the same conditions under which water may be taken as the conditions for the water licence being seasonally assigned;

(iv) states the maximum volume that may be taken and is no greater than the unused volume that may be taken under the authority of the water licence; and

(v) states the maximum rate of take in megalitres per day and the maximum rate of take is in the same proportion as the share of the unused volume being seasonally assigned.

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Chapter 9 Underground water allocations – Border Rivers Alluvium underground water sub-area 139 Application of this chapter This chapter applies to all unsupplemented underground water allocations in the Border Rivers Alluvium underground water sub-area and deals with—

(a) water sharing rules;

(b) data collection rules;

(d) seasonal water assignment rules.

Part 1 Water sharing rules 140 Taking water under a water allocation (1) Water may only be taken under the authority of a water allocation if the water allocation states a point where water can be taken.

(2) The volume of water taken under the authority of a water allocation in a water year must not exceed the volumetric limit multiplied by the announced allocation for the water allocation.

(3) For this section—

announced allocation for the water allocation means an announced allocation set in accordance with division 1. Division 1 Announced allocation rules 141 Announced allocation—water allocations with a purpose of ‘urban’ (1) This section applies to a water allocation with a purpose of ‘urban’.

(2) The announced allocation for a water allocation with a purpose of ‘urban’ is 100%. 142 Announced allocation—water allocations with a purpose of ‘any’ (1) This section applies to a water allocation with a purpose of ‘any’.

(2) The chief executive must—

(a) calculate and set an announced allocation for each water allocation to take effect on the first day of each water year; and

(b) publish details of the announced allocation on the department's website at the commencement of the water year.

(3) The announced allocation must be the lesser of the values calculated in section 143 and section 144.

(4) The announced allocation set under subsection (2)(a) must—

(a) not be reduced during the water year;

(b) not be greater than 100%; and

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143 Announced allocation—sustainable diversion limit (1) For the Border Rivers Alluvium (deep) underground water sub-unit, the announced allocation for ensuring consistency with the sustainable diversion limit must be calculated as follows—

= , × 100% 𝑌𝑌 𝑌𝑌−1 �∑𝑦𝑦=𝑌𝑌−10𝑆𝑆𝑆𝑆𝑆𝑆𝑦𝑦 − ∑𝑦𝑦=𝑌𝑌−10𝑢𝑢𝑢𝑢𝑢𝑢𝑦𝑦 𝑡𝑡𝑡𝑡𝑡𝑡𝑡𝑡𝑡𝑡� 𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴 𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑆𝑆𝑆𝑆𝑆𝑆 (2) Table 4 details parameters for calculating an announced𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸 allocation𝐸𝐸𝐸𝐸𝐸𝐸𝑡𝑡𝑡𝑡𝑡𝑡𝑡𝑡𝑡𝑡 under this section.

Table 4 Parameters for calculating announced allocation

Parameter Description

The sustainable diversion limit volume for the underground water unit as stated SDL in the Basin Plan 2012.

Y Is the year in which the announcement is to be made.

y Is the accounting term (one water year). Is the total volume of water taken from the underground water unit in a water , year. This includes water taken under volumetric entitlement and general authorisations. 𝑢𝑢𝑢𝑢𝑢𝑢𝑦𝑦 𝑡𝑡𝑡𝑡𝑡𝑡𝑡𝑡𝑡𝑡 Is the sum of the available volume for the ten water years ending in the water 𝑌𝑌 year for which the announcement is to be made (inclusive). � 𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆 𝑦𝑦=𝑌𝑌−10 Is the sum of the annual volume taken for the nine water years ending in the

𝑌𝑌−1 , water year before the announcement is to be made (inclusive). � 𝑢𝑢𝑢𝑢𝑢𝑢𝑦𝑦 𝑡𝑡𝑡𝑡𝑎𝑎𝑎𝑎𝑎𝑎 𝑦𝑦=𝑌𝑌−10 1 Entitlement total The total volume for all entitlements to take water from the underground water unit that are subject to annual announcements (announced allocations, announced entitlements or other limitations). This does not include the volume associated with entitlements with purposes of ‘urban’. See table 5 for the volume at plan commencement.

Table 5 Volume of entitlement subject to annual announcements for underground water units

Underground Water Entititlement volume at Code Included Alluviums Resource Unit commencement day (ML) Border Rivers Alluvum (deep) Queensland Border Border Rivers Alluvium (shallow) GS64 19122 Rivers Alluvium Macinture Brook Alluvium Macinture River Alluvium

1 This includes water allocations and water licences.

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144 Announced allocation—Share of resource (1) For the Border Rivers Alluvium (deep) underground water sub-unit, the announced allocation for ensuring consistency with the agreed share of the resource between the state and New South Wales must be calculated as follows—

= × 100% 𝑌𝑌 𝑌𝑌−1 𝑦𝑦=𝑌𝑌−10 𝑦𝑦 𝑦𝑦=𝑌𝑌−10 𝑦𝑦 𝑆𝑆ℎ 𝑎𝑎𝑎𝑎𝑎𝑎 �∑ 𝑆𝑆ℎ𝑎𝑎𝑎𝑎𝑎𝑎 − ∑ 𝑢𝑢𝑢𝑢𝑢𝑢 � 𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴 𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎 𝐴𝐴𝐴𝐴𝐴𝐴 (2) Table 6 details parameters for calculating an announced𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸 allocation𝐸𝐸𝐸𝐸𝐸𝐸𝐸𝐸 under this section.

Table 6 Parameters for calculating announced allocation

Parameter Description

Share The agreed share of the resource between New South Wales and the state equating to 8085.3 ML/year less total volume for urban, stock and domestic purposes.

Y Is the year in which the announcement is to be made.

y Is the accounting term (one water year).

Is the total volume of water taken from the Border Rivers Alluvium (deep) underground water sub-unit in a water year 𝐴𝐴𝑢𝑢𝐴𝐴𝑦𝑦 by water allocations with a purpose of ‘Any’. Is the sum of the available share for the ten water years

𝑌𝑌 ending in the water year for which the announcement is to � 𝑆𝑆ℎ𝑎𝑎𝑎𝑎𝐴𝐴𝑦𝑦 be made (inclusive). 𝑦𝑦=𝑌𝑌−10 Is the sum of the total volume taken for the nine water years

𝑌𝑌−1 ending in the water year before the announcement is to be � 𝐴𝐴𝑢𝑢𝐴𝐴𝑦𝑦 made (inclusive). 𝑦𝑦=𝑌𝑌−10 EntitlementAny The total volume limit for all water allocations with a purpose of ‘Any’ in the Border Rivers Alluvium (deep) underground water sub-unit.

Division 2 Data collection rules 145 Water allocation holder data collection and transfer (1) This section applies to—

(a) metered water allocations; and

(b) seasonal water assignments of a water allocation.

(2) The holder of a metered water allocation or any seasonal water assignee must—

(a) collect and record the meter reading at the end of the third quarter and the end of the water year; and

(b) provide the data recorded under subsection (a) to the chief executive at the end of the third quarter and the end of the water year.

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Part 2 Water allocation dealing rules 146 Application of this part (1) For section 158(2) of the Act, this part states the water allocation dealing rules that apply to water allocations in the Border Rivers Alluvium underground water sub-area.

(2) The process for making an application for a water allocation dealing is prescribed in the Water Regulation 2016, part 5, division 3. Division 1 Permitted water allocation dealings 147 Application of this division For section 158(4)(a) of the Act, this division states the type of water allocation dealings that are permitted under the water allocation dealing rules in this protocol.

Note—

For deciding a water allocation dealing under this division, see the Act, section 159(2)(a). 148 Purpose A change to the purpose of a water allocation from—‘urban’ to ‘any’ is a permitted change. 149 Subdivision (1) The subdivision of a water allocation that meets the criteria in subsection (2) is a permitted change.

(2) The criteria for a permitted subdivision are—

(a) the resulting water allocations state the same water allocation group and location as the water allocation that is being subdivided;

(b) any point of take stated on the resulting water allocations is a point of take that was stated on the water allocation being subdivided;

(c) the proportional relationship between the nominal volume and the volumetric limit of each resulting water allocation is the same as that of the water allocation being subdivided; and

(d) the total of the volumetric limits of the resulting water allocations is the same as the volumetric limit of the water allocation being subdivided. 150 Location - replacement water bore A change to the point of take stated on a water allocation due to the replacement of a water bore where the replacement water bore is located within 10 metres of the previous water bore is a permitted change. Division 2 Prohibited water allocation dealings 151 Application of this division For section 158(4)(c) of the Act, this part states the type of water allocation dealings that are prohibited under the water allocation dealing rules in this protocol.

Note—

For deciding a water allocation dealing under this division, see the Act, section 159(2)(c).

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152 Purpose A change to the purpose of a water allocation from ‘any’ to ‘urban’ is prohibited. 153 Location (1) A change of location is prohibited if—

(a) it would result in a water allocation being located in a different sub-area;

(b) it would result in a water allocation being located in a different sub-unit; or

(2) For this section—

zone volumes includes volumes permanently located and seasonally assigned to a location in the zone.

Table 7 Maximum zone volumes

Sub-unit Zone Total volumetric limit Maximum zone volume at commencement (ML) (ML) Border Rivers Alluvium 1 1684 4210 (Deep) 2 2500 6250 3 2372 5930 4 5290 10580 5 2575 6437

Division 3 Assessed water allocation dealings 154 Application of this division (1) For section 158(4)(b) of the Act, this division states the types of water allocation dealings that must be assessed against stated criteria under the water allocation dealing rules in this protocol.

(2) The division states, for the Water Regulation 2016, section 67(2)(b), the criteria for assessment for a dealing that must be assessed under this protocol.

Note—

For deciding a water allocation dealing under this division, see the Water Regulation 2016, sections 67 and 68.

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155 Location (1) A change to a water allocation to change the location of a water allocation, other than a change mentioned in section 150 or section 153, is an assessed water allocation dealing.

(2) The chief executive must assess the application according to the process detailed in chapter 11.

(3) The application must be refused under section 159(2)(b) of the Act if the assessment indicates that approving the application would result in an unacceptable impact. 156 Amalgamation (1) An amalgamation of two or more water allocations is an assessed change.

(2) The water allocations to be amalgamated must—

(a) state the same zone; and

(b) state the same water allocation purpose.

(3) The chief executive must assess the application according to the process detailed in Chapter 11.

(4) The application must be refused under section 159(2)(b) of the Act if the assessment indicates that approving the application would result in an unacceptable impact. Division 4 Other water allocation dealings 157 Application for a change to a water allocation not specified as permitted, prohibited or assessed An application for a change to a water allocation that is not specified as permitted, prohibited or assessed may be made in accordance with part 5, division 3, subdivision 4, of the Water Regulation 2016.

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Part 3 Seasonal water assignment rules 158 Accepting an application The chief executive must not accept an application under section 58 of the Water Regulation 2016 if the proposed seasonal water assignment—

(a) is not for the remainder of the water year;

(b) is to another sub-unit;

(d) is for a volume greater than the remaining volume available to be taken under the water allocation being seasonally assigned. 159 Deciding an application for seasonal water assignment (1) The chief executive must—

(a) approve the application if—

(i) the proposed seasonal water assignment is for 100ML or less; and

(ii) the volume of water assigned to the point of take over a period of three consecutive water years totals less than 200ML at the same location; or

(b) assess the application according to the process detailed in chapter 11 if—

(i) the proposed seasonal water assignment is for greater than 100ML; or

(ii) the volume of water assigned to the applicant over a period of three consecutive water years totals more than 200ML at the same location.

(2) The chief executive must—

(a) if the assessment mentioned in subsection (1)(b) indicates that approving the application would result in an unacceptable impact—refuse the application.

(b) if the assessment mentioned in subsection (1)(b) indicates that approving the application would not result in an unacceptable impact—approve the application.

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Chapter 10 Underground water licences – Borders Rivers and Moonie underground water management area

Part 1 Water sharing rules—general 160 Application of this chapter This part details water sharing rules applying to all underground water in the Border Rivers Alluvium underground water management area and sub-units. 161 Taking water under a water licence The volume of water taken under a water licence in a water year must not exceed the nominal entitlement stated on the water licence.

Part 2 Data collection rules 162 Water licence holder data collection and transfer (1) This section applies to underground water taken under—

(a) metered water licences; and

(b) seasonal water assignments of a water licence.

(2) The water licence holder or any assignee must—

(a) collect and record the meter reading at the end of the third quarter and end of the water year; and

(b) transfer the data recorded under subsection (a) to the chief executive at the end of the third quarter and end of the water year.

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Part 3 Seasonal water assignment rules 163 Application of this part This part applies to an application for a seasonal water assignment of a water licence in the Border Rivers Alluvium (shallow) sub-unit made under section 127 of the Act. 164 Deciding an application The chief executive must approve an application under section 127 of the Act if the proposed seasonal water assignment—

(a) is for the remainder of the water year;

(b) is within the same sub-unit; and

(i) the volume specified in table 8, column 2; or

(ii) the remaining volume available to be taken under the water licence being seasonally assigned.

Table 8 - the maximum volume that can be seasonally assigned in a particular sub-unit

Column 1 Column 2

Sub-unit Volume

Border Rivers Alluvium (Shallow) 100 ML

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Chapter 11 Underground water – impact assessment 165 Application of this chapter This chapter applies if the chief executive is required to undertake an impact assessment. 166 Impact assessment rules The chief executive must calculate the potential drawdown impact associated with an application for a water allocation dealing or seasonal water assignment of a water allocation and determine whether approving an application would result in an unacceptable impact. 167 Calculation of potential drawdown impact (1) The chief executive must keep a register of entitlements that state a point of take as a location or condition.

(2) For each proposed registered point of take stated on an application, the potential drawdown impact on other registered points of take, other than the point(s) currently stated on the entitlement being dealt with, must be calculated using the formula as follows— Q.W (u) s'= 4πT

(3) Table 9 details parameters for calculating the potential drawdown impact.

Table 9 parameters for calculating potential drawdown impact.

Parameter Description

s' s’ is potential drawdown impact in metres.

Q Q is the pumping rate in m3/day for the proposed water entitlement or seasonal water assignment which is determined as follows— × 1000 = 𝑀𝑀𝑀𝑀 𝑉𝑉𝑉𝑉𝑉𝑉 𝑄𝑄 VolML VolML is volume permitted to be taken 𝑡𝑡in a year in megalitres for a proposed water entitlement or seasonal water assignment which is as follows—

• for a water allocation with a purpose of ‘Urban’ or ‘Any’ — ‘volumetric limit’

• for a seasonal water assignment—‘maximum volume to be taken’

W(u) W(u) is the well function derived as follows:

( ) = 0.577216 ln( ) + + + (2.2!) (3.3!) (4.44!) 𝑢𝑢 𝑢𝑢 𝑢𝑢 𝑊𝑊 𝑢𝑢 − − 𝑢𝑢 𝑢𝑢 − − ⋯ U U is derived as follows:

= 42 𝑟𝑟 𝑆𝑆 𝑢𝑢 𝑇𝑇𝑇𝑇

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T T is the transmissivity for the Border Rivers Alluvium (deep) sub-unit in m2/day. The transmissivity used is 200 m2/day.

r r is the distance between the point of take proposed to be stated on the water entitlement or seasonal water assignment and the nearest registered point of take other than one already stated on the proposed water entitlement.

t t is the pumping duration in days to be used for the assessment. Pumping durations are as follows—

• for entitlements with a purpose of ‘Urban’—365 days

• for entitlements with a purpose of ‘Any’—180 days.

S S is the assumed storage coefficient for the aquifer of 0.001

168 Determination of unacceptable impact

The application would result in an unacceptable impact if any of the potential drawdown impacts determined in section 167 are greater than either 10% of the available head in the aquifer or 3 metres, at any registered point of take other than the point(s) currently stated on the entitlement being dealt with.

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Chapter 12 Monitoring and reporting 169 Water monitoring (1) The chief executive must measure or collect and keep publicly available, records of—

(a) water quantity;

(b) water taken;

(d) the number of permanent trades and seasonal water assignments; and

(e) nominal volume of water permanently traded and seasonally assigned.

(2) The chief executive must collect information on—

(a) future consumptive demands for water; and

(b) water use efficiency.

(3) The chief executive may use information collected to support water resource assessment and reporting. 170 Natural ecosystems monitoring The chief executive must collect information on—

(a) ecological assets that are linked to the ecological outcomes of the Water Plan (Border River and Moonie) 2019; and

(b) the critical water requirements of ecological assets in the plan area, including the provision of these requirements under the Water Plan (Border Rivers and Moonie) 2019. 171 Assessment and reporting The chief executive must make ongoing assessments of whether the trends in the data measured, collected and recorded under this chapter indicate that outcomes specified in the Water Plan (Border Rivers and Moonie) 2019 are being achieved.

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172 Requirement to make and keep records of contaminated agricultural run-off taken (1) This section applies to a person who takes overland flow water to which this plan applies if—

(a) the water is contaminated agricultural run-off; and

(b) the person takes the contaminated agricultural run-off to comply with an obligation on the person under the Environmental Protection Act 1994.

(2) The person must make a record of the following matters—

(a) the source and purpose of the contaminant in the contaminated agricultural run-off;

(b) how the contaminant was applied and the extent to which the application was consistent with guidelines, best management practices, standards, codes or product labels for the contaminant.

(3) The person must keep the record for 5 years.

Notes—

1 Under section 35 of the Act, the chief executive may give a person authorised to take water under the Act a notice requiring information about the water taken under the person’s authority.

2 Under section 760 of the Act, an authorised officer may require a person to make available for inspection a document relating to the taking of water.

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Attachment 1 Dictionary

Term Definition Act Unless stated otherwise, refers to the Water Act 2000 Administrative Administrative plan means a plan illustrating parcels of land or other features Plan on the land, for instance the footprint of existing storage works. Water entitlements may refer to the administrative plan to display the land or other features rather than place lengthy text descriptions within the water entitlement’s conditions. These plans are held electronically and may be changed subject to requirements in this plan. AMTD Means the adopted middle thread distance which is the distance in kilometres, measured along the middle of a watercourse, that a specific point in the watercourse is from the watercourse’s mouth, the watercourse’s junction with the main watercourse or the border between the State and New South Wales. For a water allocation means a number, expressed as a percentage, which is Announced used to determine the maximum volume of water that may be take in a water allocation year under the authority of a water allocation. Announced The period of time, as determined and announced by the chief executive, period when water may be taken under a water allocation with flow conditions. The person or entity to whom an interest or right to water is being transferred Assignee (e.g. seasonally assigned). Available head in Based on the average winter water level above the base of the aquifer as the aquifer measured in the nearest monitoring bore over the preceding 10 years. Conjunctive A condition on a water allocation to the effect that ‘Water taken under the storage condition authority of this water allocation must not be stored unless the water is being stored in the notified storage works as described under overland flow works notification acknowledgement(s) X and works reference(s) X’. Coordinated Has the meaning given in schedule 2 of the State Development and Public project Works Organisation Act 1971. ‘Direct irrigation’ means direct delivery of water from the works taking water Direct irrigation of onto the cropped area. ‘Small irrigation enterprises’ means an irrigation unit small irrigation that is wholly supplied by a pump of less than six megalitres per day diversion enterprises capacity. Ecological assets Ecological assets can be a species, group of species, a biological function or particular ecosystem or place of value for which water is critical. Element Has the meaning given in section 143 of the Act. A trade of a water allocation made between States in accordance with this Interstate trading protocol. Location For a supplemented water allocation, means the water supply scheme zone from which water can be taken under the water authorisation. For an unsupplemented water allocation, means the water management area zone or the zone and place from which water can be taken under the water authorisation. For a water licence, means the location of works from which water can be taken under the water licence. Megalitre (ML) One million litres

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‘Nil’ passing flow A flow condition of “Nil’ on a water allocation thus permitting water to be condition extracted at any time subject to availability and the conditions on the allocation and in the water management protocol. Nominal location The nominal location is the location of a water entitlement at conversion to a water allocation, where this water allocation is managed under continuous share water sharing rules. The nominal location facilitates identification of the continuous share percentage and continuous share volume associated with the water allocation, ensuring that the water allocation is clearly specified. ‘No store’ A condition stating that water taken under the authority of a water allocation condition must not be stored. Works notified in accordance with the Water Plan (Border Rivers) 2003 or Notified works Water Plan (Moonie) 2003. Means the flow in a watercourse as defined by either litres per second (L/s), Passing flow cubic metres per second (cumecs or m3/s), or megalitres per day (ML/day), past a specified location. A location from which a water allocation is taken that is defined by a property Place description, an AMTD or a point of take. For a surface water or underground water entitlement is a GPS coordinate Point of take stated on the entitlement from which water may be taken. The point is identified by latitude and longitude. Previous water As referred to in the definition for a replacement water bore given in schedule bore 19 of the Water Regulation 2016. Priority group Has the meaning given in schedule 4 of the Act. For underground water, is an authorised point of take in Queensland or New Registered point South Wales excluding those points of take used solely to take water for stock of take and domestic purposes. Replacement Has the meaning given in schedule 19 of the Water Regulation 2016. water bore Supplemented Water supplied under an interim resource operations licence, resource water operations licence or other authority to operate water infrastructure. Unsupplemented Water that is not supplemented water. water For surface water management areas other than Stanthorpe water management area— means the lesser of the account balance of the water allocation being seasonally assigned, and the volumetric limit less metered Unused volume take to date of the water allocation in the water year of the seasonal assignment. For Stanthorpe water management area— means the account balance of the water allocation being seasonally assigned. The rules included in the water management protocol that define how certain elements (attributes and conditions) of a water allocation or a priority group or Water allocation water allocation group may be changed, for example, a change to the location dealing rules (condition) from which water can be taken or the subdivision or amalgamation of a water allocation. Water allocation Has the meaning given in schedule 4 of the Act. group

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Attachment 2 Supplemented surface water – water supply schemes and zones

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Attachment 3 Unsupplemented surface water – Border Rivers water management areas and zones

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Attachment 4 Unsupplemented surface water – Stanthorpe water management area and zones

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Attachment 5 Unsupplemented surface water – Moonie Water management area and zones

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Zone boundary – Moonie Zone A and Moonie Zone B

Zone boundary – Moonie Zone B and Moonie Zone C

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Zone boundary – Moonie Zone C and Moonie Zone D

Zone boundary – Moonie Zone D, Moonie Zone E and Moonie Zone I

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Zone boundary – Moonie Zone E and Moonie Zone F

Zone boundary – Moonie Zone F and Moonie Zone J

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Zone boundary – Moonie Zone F and Moonie Zone K

Zone boundary – Moonie Zone G and Moonie Zone L

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Zone boundary – Moonie Zone G and Moonie Zone H

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Attachment 6 Border Rivers and Moonie underground water zones

Underground water zone BRA-01

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Underground water zone BRA-02

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Underground water zone BRA-03

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Underground water zone BRA-04

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Underground water zone BRA-05

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Attachment 7 Flow thresholds - water allocation groups for unsupplemented surface water

Water Water AM T D Water Flow condition management management Location allocation area area zone (km) group The Dumaresq River from its junction Class Dum1 Announced by the Chief Executive. Dumaresq Zone with Pike Creek downstream to its 186.3 – 0.0 junction with the Macintyre River. The Macintyre River from its junction Class Mac1 Announced by the Chief Executive. Macintyre Zone with the Dumaresq River downstream to 305.1 – 109.4 Border Rivers the Newinga breakout. The Macintyre River and Barwon River Class Bar1 Announced by the Chief Executive. from the Newinga breakout downstream Barwon Zone 109.4 – 0.0 until the Barwon River crosses the parallel of latitude 29° 00' 00.00'' south. The Weir River from the Gauging Station Class LW1 Flow exceeds 100 ML/day at Mascot Lower Weir Lower Weir at Talwood (GS 416202A) downstream Weir. to its junction with the Barwon River. 89.1 – 0.0 River Zone Class LW2 Various flow thresholds from 385 ML/day to 1500 ML/day. The Weir River from the Kondar Road 237.7 – 89.1 Class UW1A Flow exceeds 1300 ML/day at crossing downstream to the Gauging Bungunya-Westmar Road. Station at Talwood (GS 416202A). Class UW2A Flow exceeds 3000 ML/day at Bungunya-Westmar Road. Class UW1B Flow exceeds 1500 ML/day at the Gooray Road Crossing or the Upper Weir Upper Weir Coomoron Creek confluence. River Zone Class UW2B Flow exceeds 5000 ML/day at the Gooray Road Crossing. Class UW1C Flow exceeds 1300 ML/day at the Goodar Stud Road Crossing. Class UW2C Flow exceeds 4500 ML/day at the Goodar Stud Road Crossing.

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Water Water AM T D Water Flow condition management management Location allocation area area zone (km) group Yarrill Creek from its upstream limit 61.5 – 0.0 Class Yar1 Flow exceeds 500 ML/day in Yarrill downstream to its junction with the Weir Creek at the Leichardt Highway. River.

Wyaga Creek from its upstream limit downstream to its junction with Yarrill NA Creek (AMTD 34.8km on Yarrill Creek). Yambocully Creek from its upstream N/A Class Yam1 Flow exceeds 300 or 400 ML/day in limit, and the upstream limit of its Yambocully Creek at Goodar Road. tributaries, downstream to its junction Class Yam2 Flow exceeds 1000 ML/day in with the Weir River (AMTD 188.2km on Yambocully Creek at Goodar Road. the Weir River). Brigalow Creek from its upstream limit N/A Class Bri1 Flow exceeds 400 ML/day in Brigalow downstream to its junction with Creek at the Leichardt Highway or 300 Yambocully Creek (AMTD 48.6km on to 600 ML/day at the Cunningham Yambocully Creek). Highway. Class Bri2 Flow exceeds 900 to 1800 ML/day in Brigalow Creek at the Cunningham Highway. Commoron Creek from its junction with N/A Class Com1 Flow exceeds 400 ML/day in Murri Kerimbilla Creek (AMTD 61.4km on Murri Creek at Scudamores Road. Commoron Creek) downstream to its junction with the Weir River (AMTD 196.5km on the Weir River). Murri Murri Creek from its upstream limit downstream to its junction with Commoron Creek (AMTD 29.5km on Commoron Creek). The Weir River from its upstream limit 447.0 – 237.7 Class NW1 Flow exceeds various flow thresholds downstream to the Kondar Road downstream of the pump site. crossing. Northern Northern Weir Weir River Zone Jib Creek from its upstream limit N/A Class Jib1 Flow exceeds various flow thresholds downstream to its junction with the Weir downstream of the pump site. River (AMTD 405.3km on the Weir River).

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Water Water AM T D Water Flow condition management management Location allocation area area zone (km) group Cattle Creek from its upstream limit N/A Class Cat1 Flow exceeds various flow thresholds downstream to its junction with the Weir downstream of the pump site. River (AMTD 410.1km on the Weir River). Waggaba Creek from its upstream limit N/A Class Wag1 Flow exceeds various flow thresholds downstream to its junction with the Weir downstream of the pump site. River (AMTD 416.2km on the Weir River). Callandoon Creek from its upstream Class Cal1 Flow exceeds 5m gauge height on the Callandoon Callandoon junction with the Macintyre River Macintyre River at Goondiwindi. downstream to its downstream junction 98.0 – 0.0 Creek Zone Class Cal2 Flow exceeds 6m gauge height on the with the Macintyre River. Macintyre River at Goondiwindi. Macintyre Brook, Bracker Creek and Class MB2 Nil flow. Macintyre their tributaries, from their upstream Brook NA limits downstream to Coolmunda Dam Upstream Zone Macintyre (AMTD 78.0km). Brook Macintyre Brook from Coolmunda Dam Class MB1 Flow exceeds 500ML/day downstream Macintyre downstream to its junction with the 78.0 – 0.0 of the pump site. Brook Zone Dumaresq River. Quart Pot Creek from Storm King Dam Class MQPA Flow exceeds various flow thresholds downstream to its junction with Four Mile (including nil flow). Mid Quart Pot Creek. 300.7 – 288.1 Creek Zone Class MQPB Flow exceeds various flow thresholds. Class MQPC Nil flow. Quart Pot Creek from its junction with Class LQPA Flow exceeds various flow thresholds Kettle Swamp Creek downstream to its (including nil flow). Lower Quart Stanthorpe junction with The Broadwater. 288.1 – 282.5 Pot Creek Zone Class LQPB Flow exceeds various flow thresholds. Class LQPC Nil flow. The Broadwater from its junction with Class LBA Flow exceeds various flow thresholds Lower Cannon Creek downstream to its (including nil flow). Broadwater junction with Quart Pot Creek. 11.7 – 0.0 Class LBB Flow exceeds various flow thresholds. Zone Class LBC Nil flow.

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Water Water AM T D Water Flow condition management management Location allocation area area zone (km) group The Severn River from the junction of Class USA Flow exceeds various flow thresholds The Broadwater and Quart Pot Creek (including nil flow). Upper Severn downstream to AMTD 264.0km. 282.5 – 264.0 River Zone Class USB Flow exceeds various flow thresholds. Class USC Nil flow. The Severn River from AMTD 264.0km Class MS1A Flow exceeds various flow thresholds downstream to its junction with (including nil flow). Mid Severn Accommodation Creek. 264.0 – 253.1 River Zone 1 Class MS1B Flow exceeds various flow thresholds.

Class MS1C Nil flow. The Severn River from its junction with Class MS2A Flow exceeds various flow thresholds Accommodation Creek downstream to (including nil flow). Mid Severn AMTD 230.6km. 253.1 - 230.6 River Zone 2 Class MS2B Flow exceeds various flow thresholds.

Class MS2C Nil flow. Accommodation Creek from its junction Class LAA Flow exceeds various flow thresholds Lower with Bald Rock Creek downstream to its (including nil flow). junction with the Severn River. Accommodation 8.0 – 0.0 Class LAB Flow exceeds various flow thresholds. Creek Zone Class LAC Nil flow. The Severn River from AMTD 230.6km Class LS1A Flow exceeds various flow thresholds downstream to the Farnbro Gauging (including nil flow). Lower Severn Station 416310A. 230.6 – 198.5 River Zone 1 Class LS1B Flow exceeds various flow thresholds.

Class LS1C Nil flow. The Severn River from the Farnbro Class LS2A Flow exceeds various flow thresholds Gauging Station 416310A downstream (including nil flow). to its junction with Tenterfield Creek Class LS2B Flow exceeds various flow thresholds. Lower Severn (AMTD 192.3km on the Severn River). 198.5 – 186.3 River Zone 2 The Dumaresq River from its junction Class LS2C Nil flow. with Tenterfield Creek (AMTD 192.3km on the Dumaresq River) downstream to its junction with Pike Creek.

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Water Water AM T D Water Flow condition management management Location allocation area area zone (km) group Quart Pot Creek, and its tributaries, from Class UQPA Flow exceeds various flow thresholds Upper Quart their upstream limit downstream to (including nil flow). Pot Creek and Storm King Dam (AMTD 300.7km). N/A Tributaries Class UQPB Flow exceeds various flow thresholds. Zone Class UQPC Nil flow. The tributaries of Quart Pot Creek Class MQPTA Flow exceeds various flow thresholds Mid Quart Pot between Storm King Dam (AMTD (including nil flow). 300.7km) and the junction of Quart Pot Tributaries N/A Class MQPTB Flow exceeds various flow thresholds. Zone Creek and Kettle Swamp Creek (AMTD 288.1km on Quart Pot Creek). Class MQPTC Nil flow. Four Mile Creek, and its tributaries, from Class FMA Flow exceeds various flow thresholds the wall of Glen Niven Dam (AMTD (including nil flow). Four Mile Creek 6.5km) downstream to the junction of and Tributaries N/A Class FMB Flow exceeds various flow thresholds. Kettle Swamp Creek and Quart Pot Zone Creek (AMTD 288.1km on Quart Pot Class FMC Nil flow. Creek). Four Mile Creek, and its tributaries, from Glen Niven their upstream limit downstream to the Tributaries N/A Nil N/A wall of Glen Niven Dam (AMTD 6.5km). Zone

The tributaries of Quart Pot Creek Class LQPTA Flow exceeds various flow thresholds between the junction of Quart Pot Creek (including nil flow). Lower Quart with Kettle Swamp Creek (AMTD Class LQPTB Flow exceeds various flow thresholds. Pot Tributaries 288.1km on Quart Pot Creek) and the N/A Zone junction of Quart Pot Creek and The Broadwater (AMTD 282.5km on the Class LQPTC Nil flow Severn River). The Broadwater, and its tributaries, from Class UBA Flow exceeds various flow thresholds Upper their upstream limit downstream to the (including nil flow). Broadwater and junction of The Broadwater and Cannon N/A Tributaries Class UBB Flow exceeds various flow thresholds. Creek (AMTD 11.7km on The Zone Broadwater). Class UBC Nil flow. Cannon Creek, and its tributaries, from Class CCA Flow exceeds various flow thresholds N/A their upstream limit downstream to the (including nil flow).

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Water Water AM T D Water Flow condition management management Location allocation area area zone (km) group Cannon Creek junction of Cannon Creek and The Class CCB Flow exceeds various flow thresholds. and Tributaries Broadwater (AMTD 11.7km on The Zone Broadwater). Class CCC Nil flow. The tributaries of The Broadwater Class LBTA Flow exceeds various flow thresholds Lower between the junction of Cannon Creek (including nil flow). Broadwater with The Broadwater (AMTD 11.7km on N/A Class LBTB Flow exceeds various flow thresholds. Tributaries The Broadwater) and the junction of The Zone Broadwater and Quart Pot Creek (AMTD 282.5km on the Severn River). Class LBTC Nil flow. Bald Rock Creek, and its tributaries, Class BRA Flow exceeds various flow thresholds Bald Rock from their upstream limit downstream to (including nil flow). Creek and the junction of Bald Rock Creek and N/A Class BRB Flow exceeds various flow thresholds. Tributaries Accommodation Creek (AMTD 8.1km on Zone Accommodation Creek). Class BRC Nil flow. Accommodation Creek, and its Class UAA Flow exceeds various flow thresholds Upper tributaries, from their upstream limit (including nil flow). Accommodation downstream to the junction of Creek and N/A Class UAB Flow exceeds various flow thresholds. Accommodation Creek and Bald Rock Tributaries Creek (AMTD 8.1km on Accommodation Zone Creek). Class UAC Nil flow. The tributaries of Accommodation Creek Class LATA Flow exceeds various flow thresholds between the junction of Accommodation (including nil flow). Lower Creek and Bald Rock Creek (AMTD Accommodation Class LATB Flow exceeds various flow thresholds. 0.0km on Bald Rock Creek) and the N/A Tributaries junction of Accommodation Creek and Zone the Severn River (AMTD 253.0km on the Class LATC Nil flow. Severn River). The tributaries of the Severn River Class USTA Flow exceeds various flow thresholds Upper Severn between the junction of The Broadwater (including nil flow). and Quart Pot Creek (AMTD 282.5km on Tributaries N/A Class USTB Flow exceeds various flow thresholds. Zone the Severn River) and AMTD 264.0km on the Severn River. Class USTC Nil flow. The tributaries of the Severn River Class MSTA Flow exceeds various flow thresholds N/A between AMTD 264.0km on the Severn (including nil flow).

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Water Water AM T D Water Flow condition management management Location allocation area area zone (km) group Mid Severn River and AMTD 230.8km on the Severn Class MSTB Flow exceeds various flow thresholds. Tributaries River. Zone Class MSTC Nil flow The tributaries of the Severn River Class LSTA Flow exceeds various flow thresholds between AMTD 230.8km on the Severn (including nil flow). River and the junction of the Severn Class LSTB Flow exceeds various flow thresholds. River and Tenterfield Creek (AMTD 192.3km on the Severn River). Lower Severn Class LSTC Nil flow Tributaries The tributaries of the Dumaresq River N/A Zone between the junction of the Dumaresq River and Tenterfield Creek (AMTD 192.3km on the Dumaresq River) and the junction of the Dumaresq River and Pike Creek (AMTD 186.3km on Pike Creek). Pike Creek, and its tributaries, from their Class UPA Flow exceeds various flow thresholds Upper Pike upstream limit downstream to AMTD (including nil flow). Creek and 76.5km on Pike Creek, but excluding N/A Class UPB Flow exceeds various flow thresholds. Tributaries Fifteen Mile Creek and its tributaries. Zone Class UPC Nil flow. Fifteen Mile Creek, and its tributaries, Class 15MA Flow exceeds various flow thresholds Fifteen Mile from their upstream limit downstream to (including nil flow). Creek and the junction of Fifteen Mile Creek and N/A Class 15MB Flow exceeds various flow thresholds. Tributaries Pike Creek (AMTD 110.7km on Pike Zone Creek). Class 15MC Nil flow. Maryland Creek, and its tributaries, from Class MCA Flow exceeds various flow thresholds Maryland Creek their upstream limit downstream to the (including nil flow). junction of Maryland Creek and Pike and Tributaries N/A Class MCB Flow exceeds various flow thresholds. Zone Creek (AMTD 73.3km on Pike Creek). Class MCC Nil flow Pike Creek, and its tributaries, from Class MPA Flow exceeds various flow thresholds Mid Pike Creek AMTD 76.5km downstream to the (including nil flow). and Tributaries N/A upstream limit of the ponded area of Zone Class MPB Flow exceeds various flow thresholds. Glenlyon Dam (AMTD 31.0km), but

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Water Water AM T D Water Flow condition management management Location allocation area area zone (km) group excluding Maryland Creek and its Class MPC Nil flow. tributaries. Pike Creek, and its tributaries, from the Lower Pike upstream limit of the ponded area of Creek Glenlyon Dam (AMTD 31.0km) N/A N/A N/A Tributaries downstream to the junction of Pike Zone Creek and the Dumaresq River (AMTD 0.0km on Pike Creek). The Moonie River from Thallon Weir Class A Flow exceeds various flow thresholds Moonie Zone A downstream to the border between the 61.3 – 0.0 (including nil flow). State and New South Wales. The Moonie River from AMTD 84.4km Class B Flow exceeds various flow thresholds Moonie Zone B downstream to Thallon Weir. 84.4 – 61.3 (including nil flow).

The Moonie River from the Carnarvon Class C Flow exceeds various flow thresholds Moonie Zone C Highway crossing downstream to AMTD 109.5 – 84.4 (including nil flow). 84.4km.

The Moonie River from its junction with Class D Flow exceeds various flow thresholds Moonie Zone D Teelba Creek downstream to the 193.9 – 109.5 (including nil flow). Carnarvon Highway crossing. Moonie The Moonie River from AMTD 236.1km Class E Flow exceeds various flow thresholds Moonie Zone E downstream to its junction with Teelba 236.1 – 193.9 (including nil flow). Creek. The Moonie River from the Bendee Class F Flow exceeds various flow thresholds Moonie Zone F Road crossing downstream to AMTD 290.5 – 236.1 (including nil flow). 236.1km. The Moonie River from its junction with Class G Flow exceeds various flow thresholds Moonie Zone G Toombilla Creek downstream to the 349.4 – 290.5 (including nil flow). Bendee Road crossing. The Moonie River from its upstream limit Class H Flow exceeds various flow thresholds Moonie Zone H downstream to its junction with 469.0 – 349.4 (including nil flow). Toombilla Creek.

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Water Water AM T D Water Flow condition management management Location allocation area area zone (km) group Teelba Creek from its upstream limit Class I Flow exceeds various flow thresholds Moonie Zone I downstream to its junction with the 97.0 – 0.0 (including nil flow). Moonie River. Wongle Wongle Creek from its upstream Class J Flow exceeds various flow thresholds limit (AMTD 52.2km) downstream to its (including nil flow) Moonie Zone J NA junction with the Moonie River (AMTD 0.0km). Parrie Moolan Creek from its upstream Class K Flow exceeds various flow thresholds limit (AMTD 53.7km) downstream to its (including nil flow) Moonie Zone K NA junction with the Moonie River (AMTD 0.0km). Hayes Creek from its upstream limit Class L Flow exceeds various flow thresholds (AMTD 30.5km) downstream to its (including nil flow) Moonie Zone L NA junction with the Moonie River (AMTD 0.0km).

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Attachment 8 Availability of unallocated water

Table 1 Unallocated water reserves of surface water

Water management area Average Purpose annual volume (ML) Stanthorpe water 1740 Coordinated project management area Stanthorpe water 1500 Town water supply management area Stanthorpe water 1060 Any management area Stanthorpe water 200 For helping an Aboriginal management area community achieve its economic and social aspirations Moonie water management 100 For helping an Aboriginal area community achieve its economic and social aspirations

Table 2 Unallocated water reserves of underground water

Catchment Underground water Nominal Purpose unit entitlement (ML) Border Rivers Sediments above the 620 For helping an Great Artesian Basin Aboriginal community achieve its economic and social aspirations Border Rivers Sediments above the 5580 Any Great Artesian Basin Border Rivers Border Rivers 387 Any Fractured Rock Moonie Sediments above the 480 For helping an Great Artesian Basin Aboriginal community achieve its economic and social aspirations Moonie Sediments above the 4320 Any Great Artesian Basin Border Rivers Queensland Murray- 500 Any and Moonie Darling Basin deep

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