Queensland’s water resource legislation – an overview Liam Davis, Partner and Claire Meiklejohn, Senior Associate, McCullough Robertson
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ccess to water is a critical and ever-evolving issue for the resources industry. The scrutiny of project impacts on water supplies is exacerbated by increasing demand, coupled with recent drought conditions. As both the State and Federal Governments have tightened water regulation and assessments for the resources sector in recent years, it has never been more important for mining companies to carefully consider their existing water arrangements (including approvals and access, contingency planning, water-sharing, and dealing with mineaffected water), likely future requirements and potential legal solutions available. The following is a useful summary of the primary legislation regulating water resources in Queensland. If you operate a resources project that relies on water from the environment, or are considering acquiring such a project, it is vital the project has access to adequate water supply going forward, and all necessary approvals are held to authorise any impacts to water.
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In the absence of a clear and well-considered water strategy, proponents risk delays or cutbacks to exploration and production, resulting in significant impacts on individual operations, mining towns and regions, and the Australian economy. There may also be opportunities for the resources industry to provide community benefits and improve water security through
projects funded under the recently announced Queensland Government’s Resource Community Infrastructure Fund. Water management framework in Queensland In Queensland, all rights to the use, flow and control of water are vested in the State. The water management regime in Queensland is managed by the Department of Natural Resources, Mines and Energy and the Department of Environment and Science. The Water Act 2000 (Qld) (Water Act) creates a framework for managing the allocation and use of water and other resources. The supporting regime is based in statutory water plans, specific to different catchment areas in Queensland. A water plan is the primary tool for managing water allocations and providing for water security and environmental flows. Water plans also prescribe the volume of unallocated water which is available within its catchment area. It may also impose limitations on taking or interfering with various water types for certain purposes and establish criteria for deciding applications for water allocations and water licences, in the plan area.
