Taking overland flow—existing works
Existing works for taking overland flow are those that:
- were in place before the commencement of a moratorium for a water resource plan; or
- were legally constructed under a moratorium; or
- are as defined under the water resource plan.
Under the provisions of the water resource plans, if you own works that meet these criteria, you are authorised to continue taking water from them for one year from when regulation commenced.
Notification of existing works
You do not need to notify the department of works that take overland flow water solely for stock and domestic purposes.
If you want works for taking overland flow for other purposes to remain authorised, in most plan areas you must notify the department about them within 12 months from when overland flow regulations commenced in your area.
There is no fee for notification, however, failure to do so by the required date will mean that the works are no longer authorised. Taking water from unauthorised works is a breach of the Water Act, and may attract a penalty.
The person lodging the notification form must provide a statutory declaration that the information provided is true and the best that can be provided. An owner, or lessee of land can lodge the notification on behalf of all other co-owners or lessees.
Once you have notified the department, the department will store the details in a database and send you a letter of acknowledgement.
The department may verify existing works at any time after the notification.
Notification kits
You can obtain a notification kit which includes the form, guidelines, and information on how to calculate the size of works by phoning, faxing or emailing your local The department business centre, or you can download the following:
- Notification form (PDF, 70K)* to be printed and completed in hard copy .*
- Guidance on what works require notification (PDF, 78K)*, including a checklist for completing the form .*
- Examples of existing works (PDF, 71K)* that require notification for representative farms .*
Exemptions
- Landholders in the Burdekin Basin, Gulf and Mitchell water resource plan areas are not required to notify the department of works that are:
- for stock or domestic purposes
- have a capacity of no more than 250 ML
- under a water licence
- associated with an environmental authority under the Environmental Protection Act 1994, (EP Act) or with a development permit for an environmentally relevant activity other than mining or petroleum under the EP Act
- for contaminated agricultural runoff water.
- Landholders in the Moreton Water Resource Plan area are not required to notify the department of existing works for taking overland flow.
Deadlines for notification
The department publishes the deadline dates for notification of works in relevant plan areas.
There are no current deadlines.
Deadlines expired in the following areas on the dates indicated:
- Gulf and Mitchell—31 October 2008
- Burdekin—1 August 2008
- Calliope—15 December 2007
- Fitzroy Basin—22 July 2006
- Condamine and Balonne—1 February 2006
- Georgina and Diamantina—6 August 2005
- Border Rivers, Moonie and Warrego, Paroo, Bulloo and Nebine—1 July 2005
- Cooper Creek (moratorium only)—22 April 2005.
Maintaining existing works
Though you can continue to maintain or repair existing works to ensure they continue to operate, the capacity of the works to contain overland flow must not be increased as a result.
Maintenance includes:
- de-silting the storage
- repairing embankments, bywash facilities, pipes and pumps.
You are advised to contact the department before carrying out any maintenance or repairs.
Further information
Contact details for more information on overland flow in specific water resource plan areas.
* Requires Acrobat Reader
Last updated: 21 May 2009