Queensland Consolidated Acts

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WATER ACT 2000 - SECT 103

103 Preparing and approving final draft resource operations plan

(1) This section applies if—

(a) the chief executive has published a notice under section 100(1) (the plan notice) about a draft resource operations plan to implement a water resource plan or draft water resource plan (the notified draft); and
(b) the period under the plan notice for making submissions has ended; and
(c) if section 102(2) applied for the notified draft—referral panel recommendations have been made for the notified draft.

(2) The chief executive may decide to prepare, or not to prepare, a final draft resource operations plan in relation to the notified draft (the final draft).

(3) The chief executive may, in preparing the final draft, decide to defer making any provisions about a particular aspect provided for under the notified draft (a deferred aspect) and consider later whether or not to amend under section 105A to make provisions about the deferred aspect.

Examples of what a deferred aspect may be about—
a particular part of the proposed plan area under the notified draft
a particular type of water entitlement
a type of water to which the notified draft applied

(4) In making a decision under this section or preparing the final draft, the chief executive must consider the submissions and, if section 102(2) applied for the notified draft, the referral panel recommendations.

(5) The Governor in Council may approve the final draft if—

(a) the final draft is not inconsistent with the final water resource plan; and
(b) if the final draft has a deferred aspect, the chief executive has—
(i) published a notice that identifies the deferred aspect and states that the final draft has been prepared without provisions about that aspect; and
(ii) given a copy of the notice under subparagraph (i) to each local government and holder to whom the chief executive was, under section 100(7), required to send a copy of the plan notice.

(6) Notice of the approval must be gazetted.

(7) When approved, the final draft is the resource operations plan for the final water resource plan.

(8) Despite subsection (7) and any inconsistent provision in the resource operations plan, the resource operations plan can not commence earlier than the day the final water resource plan commences.

(9) In this section—

referral panel recommendations means recommendations under section 102(3) about the notified draft.



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