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An Act to provide for the sustainable management of water and other resources, a regulatory framework for providing water and sewerage services and the establishment and operation of water authorities, and for other purposes The Parliament of Queensland enacts—

CHAPTER 1—PRELIMINARY

1.   Short title

This Act may be cited as the Water Act 2000.1

2.   Commencement

(1)    The following provisions of schedule 2 are taken to have

commenced on 1 July 2000—

(a)    amendments 18 and 19 of the Integrated Planning Act 1997;

(b)    amendment 2 of the Local Government Act 1993.

(2)    The following provisions of this Act commence on assent—

•        chapter 1

•        chapter 2, parts 1, 2 (except section 20(3)) and part 3, divisions 1

         and 2

•        chapter 5, parts 1, 2 and part 3, division 3

•        chapter 6, parts 1, 2 and 3

•        chapter 7

•        chapter 8, sections 1006, 1007 and 1009 to 1014

•        chapter 9, part 1, sections 1037 to 1045, 1051, 1052, 1054

         and 1108 and part 5

•        schedule 2, amendment of the Integrated Planning Act 1997

         amendments 1 and 14

•        schedule 3, amendments of the Aboriginal Land Act 1991, the

         Forestry Act 1959, the State Development and Public Works

         Organisation Act 1971, and the Torres Strait Islander Land

         Act 1991

•        schedule 3, amendment of the Water Resources Act 1989,

         amendments 1, 2, 3, 4, 5, 6 and 11.

(3)    The remaining provisions of this Act commence on a day to be fixed by proclamation.

3.   Definitions

The dictionary in schedule 4 defines particular words used in this Act.

4.   Act binds all persons

(1)    This Act binds all persons, including the State, and, in so far as the

         legislative power of the State permits, the Commonwealth and the other

         States.

(2)    Subsection (1) does not apply to—

(a)    the operation of the State Development and Public Works

                        Organisation Act 1971; or

(b)    the powers of the coordinator-general under the State

                        Development and Public Works Organisation Act 1971.

5–9. Section numbers not used

See footnote to section 1.

CHAPTER 2—ALLOCATION AND SUSTAINABLE MANAGEMENT

10. Purpose of ch 2

(1)     The purpose of this chapter is to advance sustainable management

         and efficient use of water and other resources by establishing a system for the planning, allocation and use of water.

(2)     For subsection (1), “sustainable management” is management that—

(a)    allows for the allocation and use of water for the physical,

         economic and social well being of the people of Queensland and

         Australia within limits that can be sustained indefinitely; and

(b)     protects the biological diversity and health of natural ecosystems;

         and

(c)     contributes to the following—

(i)      improving planning confidence of water users now and in

         the future regarding the availability and security of water

         entitlements;

(ii)     the economic development of Queensland in accordance

         with the principles of ecologically sustainable development;

(iii)    maintaining or improving the quality of naturally occurring

         water and other resources that benefit the natural resources of

         the State;

(iv)     protecting water, watercourses, lakes, springs, aquifers,

         natural ecosystems and other resources from degradation

         and, if practicable, reversing degradation that has occurred;

(v)      recognising the interests of Aboriginal people and Torres

         Strait Islanders and their connection with the landscape in

         water planning;

(vi)     providing for the fair, orderly and efficient allocation of

         water to meet community needs;

(vii)    increasing community understanding of the need to use and

         manage water in a sustainable and cost efficient way;

(viii)   encouraging the community to take an active part in planning

         the allocation and management of water;

(ix)    integrating, as far as practicable, the administration of this Act and other legislation dealing with natural resources.

(3)     For subsection (1), “efficient use” of water—

(a)     incorporates demand management measures that achieve

         permanent and reliable reductions in the demand for water; and

(b)     promotes water conservation and appropriate water quality

         objectives for intended use of water; and

(c)     promotes water recycling, including, for example, water reuse

         within a particular enterprise to gain the maximum benefit from

         available supply; and

(d)     takes into consideration the volume and quality of water leaving a

                        particular application or destination to ensure it is appropriate for

                        the next application or destination, including, for example, release

                        into the environment.

11. Meaning of “principles of ecologically sustainable development”

The following principles are “principles of ecologically sustainable development”—

(a)    decision-making processes should effectively integrate both long-term and short-term economic, environmental, social and equitable considerations;

(b)    if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;

(c)    the present generation should ensure the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations;

(d)     the conservation of biological diversity and ecological integrity should be a fundamental consideration in decision making;

(e)     recognition of the need to develop a strong, growing and diversified economy that can enhance the capacity for environmental protection;

(f)     decisions and actions should provide for broad community involvement on issues affecting them.

12. Advancing chapter’s purpose

13–18.Section numbers not used

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