Queensland Consolidated Acts Queensland Consolidated Acts(1A) Subsection (1) does not apply to a person proposing to use, for irrigating land outside Queensland, water taken under a water entitlement or seasonal water assignment.
(1) Subsection (5) applies to the following persons—
(a) a person proposing to use, for irrigation, water taken under a water allocation or an interim water allocation;
(b) a person who—
(i) has used, for irrigation, water the person received under a seasonal water assignment, other than in combination with water taken under any other authority under this Act; and
(ii) within the time prescribed under a regulation, proposes to again use, on the same land, water the person has received under a seasonal water assignment, other than in combination with water taken under any other authority under this Act;
(c) a person proposing to use, for irrigation, water taken under a water licence issued under section 212 if a resource operations plan states that use of the water requires an approved land and water management plan;
(d) a person using for irrigation water on land identified in a water use plan as land on which irrigation must only be carried out under an approved land and water management plan.
(2) Subsection (1)(a) does not apply to the person—
(a) if the person was granted a water allocation under section 121; or
(b) if the person was granted, or taken to have been granted, an interim water allocation under section 187 or chapter 9, part 4; or
(c) if—
(i) the person continues an enterprise, previously operated by another person, comprising either—
(A) land and the water allocation to irrigate the land; or
(B) land to which an interim water allocation attaches; and
(ii) at the time the person started operating the enterprise—
(A) subsection (1) did not apply to the other person; and
(B) the other person was not required, whether under a contract with the State or otherwise, to have an approved land and water management plan for the use of the water on the land; or
(d) if—
(i) the person uses water for irrigating land; and
(ii) there is a water use plan; and
(iii) the water use plan does not require a land and water management plan for the land.
(2A) Despite subsection (2), subsection (5) applies to a person who—
(a) in a water year used, for irrigation, a combination of the following—
(i) water taken under a water allocation or an interim water allocation;
(ii) water the person received under a seasonal water assignment; and
(b) the combination exceeds the nominal volume for the allocation; and
(c) within the time prescribed under a regulation, proposes to again use, on the same land, the combination mentioned in paragraph (a) that will exceed the nominal volume.
(3) However, subsection (1)(a) applies to a person, other than a person mentioned in subsection (2)(c), who acquires an interim water allocation from a person mentioned in subsection (2)(b) and continues to apply to the person, and to any person who subsequently acquires the interim water allocation, even if—
(a) the interim water allocation is converted under section 121; and
(b) the person is granted a water allocation.
(4) Subsection (1)(a) also applies to a person mentioned in subsection (2)(a) or (c) if the location from which the water may be taken under the allocation is changed.
(5) A person to whom subsection (1) applies must not use the water from the water allocation, interim water allocation, water licence or seasonal water assignment for irrigation unless the person has—
(a) an approved land and water management plan for the use of the water on the land; or
(b) a deferral under subdivision 6.
Maximum penalty—1665 penalty units.
(6) In this section—
seasonal water assignment means only the seasonal water assignment of the benefit of water taken under an interim water allocation or a water allocation.