Taking overland flow—new works
The building of new works to take overland flow in water resource plan areas is regulated under the Integrated planning Act 1997. See the relevant water resource plan for specific details.
All new development for taking overland flow is either self-assessable or assessable.
- Self-assessable development must comply with the relevant development codes. Under these codes, you must notify the department of any new self-assessable stock and domestic works within 30 days of their completion. This enables the department to monitor changes in water use within the catchments, and the data will be used in future water resource planning.
- Assessable development must comply with the Code for assessable development for operational works for taking overland flow water (PDF, 47K)*, and may also require a development permit.
Self-assessable development
Self-assessable development includes:
- works to take overland flow for stock and domestic purposes
- construction of small storages
- works to take overland flow for environmentally relevant purposes
- works to capture contaminated agricultural run-off.
Stock and domestic use
Under the Water Act, you can take overland flow for stock and domestic purposes. To ensure that this use does not adversely affect other water users and the environment, new works are self-assessable under the Integrated Planning Act 1997, and must comply with the Code for self-assessable development for taking overland flow water for stock and domestic purposes (PDF, 42K)* .
Areas where size of storage is limited
The code limits the size of domestic and stock water storages based on the number of stock in the following plan areas:
- Border Rivers
- Burdekin Basin
- Calliope River Basin
- Condamine and Balonne
- Fitzroy Basin
- Gulf
- Mitchell
- Moreton
If you want to construct a storage larger than the code permits, you must first apply for a development permit from the department.
Small-scale storages
To enable you to take limited amounts of overland flow without requiring a water licence, and without compromising the objectives of water resource plans, the building of certain small-scale works is authorised in certain plan areas. Regulated works include:
- storages
- sumps
- drains
- embankments
- channels
These must comply with conditions specified in the relevant water resource plan and the Code for self-assessable development for taking overland flow water using limited capacity works (PDF, 36K)* .
The code states that works must not share common infrastructure (e.g. walls) or be connected by any transfer device (e.g. pumps, pipes) to another water storage.
Certain water resource plans also specify the maximum capacity allowable (in megalitres) (see the relevant plan for details).
Areas where small-scale works are authorised
You can use small-scale works of the capacity indicated to take overland flow without a licence in the following areas:
- Burdekin Basin (250 megalitres)
- Calliope River Basin (5 megalitres)
- Fitzroy Basin (5 megalitres)
- Gulf (250 megalitres)
- Mitchell (250 megalitres)
- Moreton (5 megalitres)
The Fitzroy Basin plan stipulates that the water captured must not be used to create ponded pasture or used for water spreading.
If you want to construct an overland flow storage that is larger than, or is to be used for purposes other than the code permits, you will require a development permit from the department subject to approval of the application.
Environmentally relevant activities
New works to take overland flow for environmentally relevant activities or for diversion around a mine site are self-assessable under the Integrated Planning Act 1997.
This means that they can be built without prior approval from the department provided they are only for purposes allowed for by the water resource plan, and comply with the Code for self-assessable development for taking overland flow water to satisfy the requirements of an environmental authority or a development permit for carrying out an environmentally relevant activity (PDF, 51K)* .
In the Fitzroy Basin, you can take overland flow for diversion around a mine site. You can take it for environmentally relevant purposes in the following areas :
- Burdekin Basin
- Calliope River Basin
- Fitzroy Basin
- Gulf
- Mitchell
- Moreton
If you want to build an overland flow storage that is larger than permitted, or to be used for purposes other than the code permits, you will need to apply to the department for a development permit.
Assessable development
To qualify for a development permit to capture this runoff, you must:
- be able to demonstrate that you cannot use existing works to take the runoff
- have a land and water management plan that has been approved by the department.
All applications will be assessed under the Code for assessable development for operational works for taking overland flow water (PDF, 47K)* .
Contact your local the department business centre if you have any doubts about whether proposed works will require prior approval.
Certification of works for taking overland flow
In many cases, applications for a development permit for constructing assessable works must be accompanied by a certified report on the overland flow infrastructure on the property. The report, which must be produced by a Registered Professional Engineer of Queensland, should detail:
- designs for applicable existing and proposed works and infrastructure (e.g. storages, sumps and ring tanks etc.)
- details of these works
- calculations of their capacity to take overland flow.
Certification guidelines for assessable works that take overland flow water provide details of the certification process and the department’s requirements for certification, including methods for calculating the size and capacity of works.
Vegetation clearing
The overland flow laws in no way alter your obligations under the Vegetation Management Act 1999. If you need to clear native vegetation to build a new dam or any other structure to take overland flow, you must ensure that you comply with both:
- the overland flow laws; and
- the laws regulating the clearing of vegetation.
You must also ensure that you comply with any other relevant state and federal laws when constructing works under these codes.
Further information
Contact details for more information if you are unsure about whether proposed works require prior approval or would like a copy of the codes or a notification kit.
* Requires Acrobat Reader
Last updated: 21 May 2009
