Cape York Water Management Protocol
Cape YorkWater Management ProtocolJune 2019
This publication has been compiled by Water Policy, Department of Natural Resources, Mines and Energy. State of Queensland, June 2019The Queensland Government supports and encourages the dissemination and exchange of its information. The copyright inthis publication is licensed under a Creative Commons Attribution 4.0 International (CC BY 4.0) licence.Under this licence you are free, without having to seek our permission, to use this publication in accordance with the licenceterms.You must keep intact the copyright notice and attribute the State of Queensland as the source of the publication.Note: Some content in this publication may have different licence terms as indicated.For more information on this licence, visit https://creativecommons.org/licenses/by/4.0/.The information contained herein is subject to change without notice. The Queensland Government shall not be liable fortechnical or other errors or omissions contained herein. The reader/user accepts all risks and responsibility for losses,damages, costs and other consequences resulting directly or indirectly from using this information.
How to read this documentThe scope of this Cape York Water Management Protocol is to: provide a breakdown of the volume of unallocated water set in the water plan into volumesheld as general, strategic or Cape York Peninsula Heritage Area (CYPHA) reserve for eachcatchmentdetail the process for releasing unallocated water from a particular reserve, and theconsiderations which must be taken into account when releasing water from a reserve;specify permitted and prohibited water allocation change rules for water allocations in theEndeavour water management area to facilitate water tradingspecify the water sharing rules for water allocations in the Endeavour water managementareaspecify water licence change rules to facilitate seasonal water assignments (across the planarea) and permanent relocations of water licences (specified zones in the Normanby,Endeavour and Jeannie catchments)specify a process for authorising the continued taking of overland flow water via existingworksstate chief executive monitoring and reporting requirements to assist the Minister inpreparing reports about the effectiveness of the plan strategies in achieving its economic,social, environmental and cultural outcomes.This protocol should be read in conjunction with the water plan to gain a full understanding of thewater planning process.
ContentsHow to read this document . iiiChapter 1Preliminary . 11Short title . 12Commencement of the water management protocol . 13Purpose of protocol. 14Interpretation of words used in this protocol . 15Area to which this protocol applies . 16Water to which this protocol applies . 17Information about areas and zones . 1Chapter 2Unallocated water . 38Scope of chapter 2. 39Record of volume of unallocated water . 3Part 110Unallocated water reserve types and volumes . 3Volumes of unallocated water held in reserve . 3Part 2General requirements when granting unallocated water . 311Specification of unallocated water . 312Contents, terms and conditions for water licences granted. 413Special conditions for licences granted from the strategic reserve . 414Special conditions for licences granted from the CYPHA reserve for an eligible person. 4Part 3Releasing unallocated water from the general reserve . 515Considerations for making unallocated water available from general reserve . 516Information about land suitability . 517Information about cultural heritage values . 518Information about the social and economic benefits to local communities . 6Part 4Process for releasing unallocated water from the CYPHA reserve . 619Making an offer of a particular water licence to an eligible person . 620Elements of a water licence offered or granted to an eligible person . 621Granting a particular water licence to an eligible person. 722Future offers of a water licence to an eligible person . 7Part 5Releasing unallocated water from the strategic reserve . 7Division 1Making strategic reserve available for a state purpose . 723Consideration prior to making unallocated water available . 724Considerations for making unallocated water available from strategic reserve . 7Division 2Making strategic reserve available to an eligible person . 825Process for releasing strategic reserve to an eligible person . 826Making an offer of a water licence to an eligible person from strategic reserve . 927Granting a water licence to eligible persons from strategic reserve . 9
Chapter 3Water allocations – Endeavour Water Management Area . 1028Scope of chapter 3. 1029Definitions for this chapter . 10Part 130Water sharing rules . 10Maintaining flow to Waterholes . 10Part 2Water allocation dealing rules . 11Division 1Permitted water allocation dealings . 1131Permitted subdivision and amalgamations . 1132Permitted change to location . 1233Permitted change to maximum rate. 12Division 234Prohibited water allocation dealings . 13Prohibited changes . 13Part 3Seasonal water assignment rules . 1335Application of this part . 1336Seasonal water assignment rules . 1337Seasonal water assignment conditions . 13Chapter 4Water licences . 1438Scope of chapter 4. 1439Definitions for this chapter . 14Part 140Water licence relocation and seasonal water assignments . 14Application of this part . 14Division 1Relocation and seasonal water assignment within a water licence zone . 1541Rules for both relocation and seasonal water assignment . 1542Rules for relocation only . 1543Rules for seasonal water assignment only . 1544Conditions for relocate or seasonal water assignment of a water licence . 16Division 2Seasonal water assignment for water licences not within a water licence zone . 1645Rules for seasonal water assignment. 1646Conditions for a seasonal water assignment . 17Part 2CYPHA water licence dealings . 1747Application of this part . 1748Definitions for this part . 1749Rules for amending the purpose of a water licence to state CYPHA . 1750Rules for amending a CYPHA water licence to include or remove conditions . 1851Rules for amending a CYPHA water licence to authorise an assignment . 1952Flow conditions for an amended CYPHA water licence . 2053Rules for amending a CYPHA water licence to remove an assignment . 2154Transfer of a CYPHA water licence . 2155Permitted subdivision or amalgamation of a CYPHA water licence . 22
Part 3Regulating overland flow . 2256Application of this part . 2257Taking water from overland flow into existing works . 2258Taking water from overland flow works notified on or before 31 July 2018 . 2359Granting a licence to take water from overland flow into existing works . 24Chapter 5Part 1Monitoring and reporting . 25Monitoring. 2560Underground water level . 2561Groundwater-dependent ecosystems and springs . 2562Surface water flow . 2563Waterholes and riffles . 2564Natural ecosystems monitoring . 2565Water entitlements and use . 25Part 2Assessment and reporting . 2666Assessment and reporting . 2667Analysis of monitoring data . 26Attachment 1Dictionary . 27
Chapter 112Short title(1)This water management protocol may be cited as the Cape York Water ManagementProtocol.(2)Reference in this document to ‘this protocol’ means the Cape York WaterManagement Protocol.Commencement of the water management protocol(1)The following provisions commence on 1 July 2019–(a)(2)3Preliminarychapter 1, section 57, 58 and chapter 5.The remaining provisions of this protocol commence –(a)on the first business day after 14 sitting days have passed since the Water Plan(Cape York) 2019 was tabled in the Legislative Assembly; and(b)if the effect of the Water Plan (Cape York) 2019 has not ceased due to thedisallowance provisions stated in section 50 of the Statutory Instruments Act1992.Purpose of protocolThis protocol implements the Water Plan (Cape York) 2019 (the Water Plan).4Interpretation of words used in this protocolUnless defined under the relevant provisions, the dictionary in attachment 1 definesparticular words used in this protocol.5Area to which this protocol appliesThis protocol applies to the plan area for the Water Plan (Cape York) 2019 as shown inschedule 1 of the Water Plan (Cape York) 2019.6Water to which this protocol applies(1)(2)7This protocol applies to the management of the following water in the plan area–(a)water in a watercourse, lake or spring;(b)overland flow water; and(c)underground water.Despite subsection (1), this protocol does not apply to water to which the Water Plan(Great Artesian Basin and Other Regional Aquifers) 2017 applies.Information about areas and zones(1)The location of the boundaries of the plan area, catchments, water managementareas are held in digital electronic form by the department.Cape York Water Management Protocol, Department of Natural Resources and Mines and Energy 20191
(2)1The information held in digital electronic form can be reduced or enlarged to show thedetails of the boundaries 1.The boundaries held in digital electronic form may be inspected at any of the department’s offices.Cape York Water Management Protocol, Department of Natural Resources and Mines and Energy 20192
Chapter 28Unallocated waterScope of chapter 2This chapter states the process for releasing unallocated water mentioned in Part 8 of theWater Plan.9Record of volume of unallocated waterThe chief executive may keep a register of the volume of unallocated water available.Part 110Unallocated water reserve types and volumesVolumes of unallocated water held in reserveThe volumes of unallocated water held in each reserve type and catchment is shown inTable 1.Table 1: Unallocated water reserve volumesVolume (ML) by Reserve typeCatchmentStrategicCYPHAGeneralArcher89 0001 000Coleman56 000200Ducie46 0001 000Embley8 000600Endeavour16 000800Holroyd68 500250Jacky Jacky1 500049 0000Jardine25 000Jeannie00Lockhart6 300200Normanby16 0002 000Olive–Pascoe48 0000Stewart5 0000Watson00Wenlock76 0000485 3006 050TOTALPart 21125 000General requirements when granting unallocatedwaterSpecification of unallocated waterIf the chief executive decides to grant an entitlement from any unallocated water reserve, theentitlement must be a water licence.Cape York Water Management Protocol, Department of Natural Resources and Mines and Energy 20193
12Contents, terms and conditions for water licences granted(1)Contents, terms and conditions for a water licence granted from any unallocated waterreserve–(a)must state– that water must not be taken under this authorisation unless ameasuring device of a type approved by the chief executive to measure thevolume of water taken is installed;(b)must state– for taking water from a watercourse – the taking of water under thisauthorisation is permitted only when the flow in the [watercourse] at [measuringpoint] exceeds [flow in megalitres per day];(c)must state– for taking water into an overland flow storage - water taken underthis authorisation must only be stored on the land described as [Lot and Plan]using works with a maximum stored volume of not more than [megalitres].(d)may state– that the taking of water under this authorisation is only permitted inthe period 1 January to 31 March provided:(i)(2)13the flow in the [watercourse] at [measuring point] exceeds [flow inmegalitres per day] is reached, taking water may only commence afterthe first peak flow passes the [measuring point]. Taking water may thencontinue until flows fall below [flow in megalitres per day] at the[measuring point].Despite subsection (1) a water licence may be granted without a condition mentionedin subsection (1)(b) and (c) only if–(a)The licence states a purpose of ‘CYPHA’ and includes special conditions statedin section 14; or(b)the chief executive is satisfied that taking water under the licence would notimpact on downstream users and the environment; and(c)the licence is granted for (i)a town water supply purpose as stated in section 32(4)(c) of the WaterPlan; or(ii)taking water from an underground water management area, other thanfrom within Lakeland water licence zone 1 or Lakeland water licencezone 2 of the Cook underground water management area.Special conditions for licences granted from the strategic reserveSpecial conditions, in addition to those stated in section 12, for a water licence granted fromthe strategic reserve, other than for a town water supply purpose, must state that–14(a)on conclusion of the project the volume of water granted under the entitlementmust return to the strategic reserve; and(b)the licence must not be permanently transferred or relocated.Special conditions for licences granted from the CYPHA reserve for an eligible personSpecial conditions, in addition to those stated in section 12, for a water licence granted fromthe CYPHA reserve to an eligible person must state that–(a)the licence must not be permanently relocated or transferred, unless thetransfer is provided for under the water management protocol; and(b)water must not be taken under the licence unless the licence is amended inaccordance with section 50 to include a schedule or schedules of conditions fortaking water; andCape York Water Management Protocol, Department of Natural Resources and Mines and Energy 20194
(c)Part 31516Releasing unallocated water from the generalreserveConsiderations for making unallocated water available from general reserve(1)Unallocated water must not be made available under part 2, division 2, subdivision 2of the Water Regulation, for any purpose under section 32(3) of the Water Plan unlessthe chief executive is satisfied that an entitlement granted under section 21 could notbe assigned under section 51 of this protocol for that stated purpose.(2)The process for releasing unallocated water from the general reserve must include therequirement for information about–(a)land suitability; and(b)cultural heritage values; and(c)social and economic benefits to local communities.Information about land suitability(1)17water must not be taken by any person other than the licensee, unless thelicence is amended in accordance with section 51 to include a schedule orschedules of conditions to authorise an assignment for taking water by anassignee.The requirement for information about the suitability of the land where the water isproposed to be used under a process must include–(a)the occurrence, extent and integrity of ecological and other high valueenvironmental features such as wetlands, lagoons, waterholes, lakes andsprings; and measures to protect these features;(b)the availability of land where any required clearing of native vegetation is eitherexempt, accepted development, or is a relevant purpose for applying for anapproval to clear under the Vegetation Management Act 1999, and clearing isallowable under other state, local and Australian government laws;(c)topography and landform, such as drainage features and slope, and theappropriate erosion control measures and/or irrigation methods proposed tominimise impacts, including to downstream receiving waters of the GreatBarrier Reef and Gulf of Carpentaria; and(d)soil attributes such as erosivity, sodicity and salinity hazard, including measuresto prevent, or if practical reverse the degradation of natural ecosystems causedby the taking of, interference, and use of water.Information about cultural heritage valuesThe requirement for information about cultural heritage values under a process mustinclude–(a)advice from Aboriginal people and Torres Strait Islanders as the TraditionalCustodians and Owners of land regarding cultural sites and values within thearea where the water is proposed to be taken or used; and(b)mitigation strategies planned to protect cultural sites or values that may beimpacted by the proposed development.Cape York Water Management Protocol, Department of Natural Resources and Mines and Energy 20195
18Information about the social and economic benefits to local communitiesThe requirement for information about social and economic benefits to local communitiesmust include advice about benefits provided by the proposed development.(a)(b)Part 419The information may include—(i)local employment or traineeships offered for the proposed development;or(ii)contribution to local community infrastructure projects – for exampleassistance with construction of or funding for amenities; or(iii)other financial incentives to local communities – for example youthscholarships or local business sponsorship.subsection (a) does not limit the information the chief executive may consider.Process for releasing unallocated water from theCYPHA reserveMaking an offer of a particular water licence to an eligible person(1)(2)Where multiple eligible persons have an interest in the same land in a catchment, theoffer of a particular water licence must be made to the eligible person–(a)as defined under section 32(6)(a) of the Water Plan; or(b)another eligible person can only be made an offer in accordance with sections22(1)(c) and 22(4).For section 67(e) of the Act, for the purpose of implementing the water plan, the pricefor the release of unallocated water from the CYPHA reserve to an eligible person willbe 0/ML.Note – See also section 40(4) of the Act in relation to the chief executive setting a price forunallocated water.20Elements of a water licence offered or granted to an eligible person(1)An offer to grant of a particular water licence made in accordance with section 19 ofthe protocol and section 33 of the Water Plan must state–(a)the proposed water licence holder, who is the eligible person;(b)the purpose to be stated on the proposed water licence is “CYPHA”;(c)the catchment where water may be taken under the proposed water licence;(d)the nominal entitlement for the proposed water licence;(e)the contents, terms and conditions that will apply; and(f)the expiry date - that is the date by which the eligible person must accept ordecline the offer, otherwise the offer expires on this date.(2)For subsection (1)(d) the nominal entitlement must be determined using the followingformula–(3)(Q) x (R) – (S), where–Q is the total CYPHA reserve volume in megalitres available for the catchment;R is the percentage calculated by the chief executive comparing the land area inhectares held by an eligible person to the total area of land in the catchment; andCape York Water Management Protocol, Department of Natural Resources and Mines and Energy 20196
S is existing entitlements to which this plan applies, held by the eligible person in thecatchment.21Granting a particular water licence to an eligible personThe chief executive must grant a water licence under section 116 of the Water Act only if–22(a)the offer of a water licence is formally accepted by the eligible person beforethe expiry date set for section 20(1)(f);(b)the licence is consistent with the attributes stated in the offer.Future offers of a water licence to an eligible person(1)The chief executive must not grant a water licence under section 21 if–(a)the expiry date set under section 20(1)(f) expires and the offer has not beenaccepted or declined before that date; or(b)the eligible person declines the offer before the expiry date; or(c)the eligible person under section 32(6) of the Water Plan is the landowner andaccepts the offer; but nominates another eligible person (the nominee), who isthe Native Title Holder under the Native Title Act 1993.(2)An eligible person to which subsection (1)(a) or (b) applies may, at any time in thefuture, write to the chief executive seeking a new offer for a water licence from theCYPHA reserve.(3)The chief executive may make a new offer to an eligible person for subsection (2)provided the offer is consistent with the provisions of this Part.(4)For subsection (1)(c), the chief executive must make a new offer to an eligibleperson’s nominee, provided the offer is the same as the original offer made.Part 5Releasing unallocated water from the strategicreserveDivision 1Making strategic reserve available for a state purpose23Consideration prior to making unallocated water availableUnallocated water must not be made available under part 2, division 2, subdivision 2 of theWater Regulation, for a state purpose mentioned in section 32(4) of the Water Plan unlessthe chief executive is satisfied that an entitlement granted under section 21 could not beassigned under section 51 of this protocol for that stated purpose.24Considerations for making unallocated water available from strategic reserve(1)The process for releasing unallocated water from the strategic reserve must includethe requirement for information about–(a)the availability of water in the plan area for the proposed purpose; and(b)the efficiency of existing and proposed water use practices; andCape York Water Management Protocol, Department of Natural Resources and Mines and Energy 20197
(c)the impact the proposed taking of water may have on existing authorisations inthe plan area; and(d)the availability of an alternative water supply for the purpose for which the wateris required; and(e)the impact the proposed taking and use of water may have on naturalecosystems and the environmental outcomes of the plan; and(f)whether the land is suitable for the intended purpose, including measures toprevent, or if practical reverse the degradation of natural ecosystems.Note – assessment of the suitability of the land where the water is proposed to be used mayinclude consideration of the land available that may be developed under the VegetationManagement Act 1999, the topography, drainage, soil attributes (such as erosivity, sodicityand salinity hazard), effect on natural ecosystems (including to downstream receiving watersof the Great Barrier Reef and Gulf of Carpentaria), and any control methodssubsection (1) does not limit the matters the chief executive may consider.Division 225Making strategic reserve available to an eligible personProcess for releasing strategic reserve to an eligible person(1)Before deciding to make an offer to grant strategic reserve available to an eligibleperson under section 32(2)(b) and 33(4) of the Water Plan, the chief executive mustconsider–(a)if there would be sufficient residual volume in the strategic reserve for futureneeds, if a licence were to be granted to an eligible person; and(b)if the project would provide for the economic or social benefit of Aboriginalpeople or Torres Strait Islanders; and(c)other State interests.(2)The chief executive may require an eligible person to provide additional informationabout their written request under section 33(4) of the Water Plan within thereasonable timeframe stated.(3)If an eligible person fails without reasonable excuse to provide the informationrequested under subsection (2) and within the stipulated time then the chief executivemust not make strategic reserve available.(4)If, after considering subsections (1) to (3), the chief executive decides to make wateravailable from the strategic reserve, a notice about the intention to make strategicreserve available for an offer of a water licence to the eligible person must bepublished, stating–(a)the eligible person seeking an offer of a water licence;(b)the maximum v
(1) This water management protocol may be cited as the Cape York Water Management Protocol. (2) Reference in this document to ‘this protocol’ means the Cape York Water Management Protocol. 2 Commencement of the water management protocol (1) The following provisions commence on
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