Amending moratorium information for Whitsunday water resource plan area
Moratorium notice
The Minister introduced a moratorium on water entitlement applications and the construction of works in the Whitsunday Water Resource Plan area (‘the plan area’) effective from 20 March 2006.
The moratorium curtailed new water development to help secure the long term sustainability of water resources within the plan area.
Amended moratorium notice
To ensure interim provisions are in place while the draft Whitsunday Water Resource Plan (‘the draft plan’) is finalised, the original moratorium notice has been amended (‘the amended moratorium’). From 5 September 2008, all water users within the proposed plan area must comply with the amended notice.
The original moratorium placed restrictions on the taking of, or interference with, overland flow water within the Overland Flow Floodplain Area and subartesian water within the Groundwater Moratorium Area only. The purpose of the amended moratorium notice is to extend the moratorium’s overland flow and subartesian water provisions to cover the entire plan area. This is the major point of difference between the moratorium and the amended moratorium.
Water affected by the amended moratorium
The amended moratorium applies to the following types of water across the entire plan area:
- Surface water: Water in a watercourse, lake or spring—including water collected in each weir and dam constructed across a watercourse, lake or spring.
- Overland flow water: Water that runs off land following rainfall, either before it enters a watercourse or lake, or after it discharges as floodwater.
- Subartesian water: Water that occurs naturally in, or is introduced artificially into, an aquifer, which if tapped by a bore, would not flow naturally to the surface (Note: in case of flood, subartesian water may flow naturally to the surface).
The amended moratorium notice applies to water entitlement applications made on or before the date of this notice 5 September 2008 which:
- increase the amount of water that may be taken;
- change the location from which water may be taken;
- increase the rate at which water may be taken;
- change the flow conditions under which water may be taken;
- increase or change the interference with water; or
- change the purpose for which water may be taken or interfered with.
The amended moratorium applies to works which take or interfere with water to the extent that they would:
- increase the amount of water that may be taken;
- change location from which water may be taken;
- increase the rate at which water may be taken; and
- increase or change the interference with water.
Water not affected by the amended moratorium
Under Section 30 of the Water Act 2000, applications for the issuing of water permits are not subject to the amended moratorium notice. The amended moratorium notice also allows for certain activities to continue with minimum disruption (for example, landholders will continue to be able to build infrastructure to access water to meet stock and domestic needs).
The amended moratorium does not apply to a range of water entitlement applications for take and works:
- Clause 8 of the amended moratorium notes the water entitlement applications that are not captured by the amended moratorium.
- Clause 13 of the amended moratorium notes the works that are not captured by the amended moratorium.
Water entitlement applications
While the amended moratorium notice for the plan area is in effect, the department will not accept new water entitlement applications that would lead to more water being taken or interfered with. The department will not deal with applications that have already been accepted before the moratorium notice took effect.
Currently, licence applications are required for:
- surface water
- subartesian water in the declared Proserpine Subartesian Area.
Examples of types of new applications that will not be accepted under the amended moratorium are applications to:
- impound water in a river or stream;
- take or interfere with water from a river or stream;
- take overland flow water; and
- take or interfere with subartesian water.
Specific Provisions
Surface water
Other than overland flow water
Landowners with an existing entitlement to water will be able to construct works to use the entitlement, if they comply with the criteria in clause 13(a) and (b) of the amended moratorium.
Overland flow water
The amended moratorium notice applies to the construction of works that would lead to more overland flow water being taken or increased interference with overland flow water within the entire plan area.
Works that are affected include dams, ring tanks, excavations and diversion banks used to capture water, channels, drains and pump installations. Under the amended moratorium, completed works must not be raised, enlarged, changed or deepened and new works must not be started.
Works outside of the Overland Flow Floodplain Area referred to in the original Moratorium notice dated 20 March 2006, and for which construction started before 5 September 2008, may be completed provided those constructing the works meet the criteria set out in clauses 11 and 12 of the amended moratorium notice. These works must be completed by 5 January 2009.
Subartesian water
The amended moratorium also applies to works that would lead to more subartesian water being extracted from the entire plan area. Affected works include bores, pumps on bores or any other construction that could lead to water being taken from a subartesian aquifer. The amended moratorium also states that existing works must not be modified unless for replacement of a bore in accordance with clause 13(f).
Works to take or interfere with subartesian water outside of the Groundwater Moratorium Area referred to in the original moratorium notice dated 20 March 2006, where construction started before 5 September 2008, may be completed provided the person constructing the works has evidence that they meet the criteria set out in clauses 11 and 12 of the amended moratorium notice. The works must be completed 5 January 2009.
Frequently asked questions
Can I build a farm dam to capture overland water for stock and domestic purposes in the Overland Flow Floodplain Area?
Yes, clause 13(c)(i) of the amended moratorium indicates that you may build works to take overland flow water as long as the works are consistent with the Code for self-assessable development for taking overland flow water for stock or domestic purposes [clause 5.1.1, clause 5.1.2 (excluding 5.1.2(a)], and clause 6).
How can I determine if my property is in the Whitsunday plan area, or the Declared Proserpine Subartesian Area?
Contact the department to find out if your property is within the area covered by the amended moratorium. You will need to know the Lot/Plan details or address. The department will be able to inform you if you are within the plan area or the Declared Proserpine Subartesian Area.
I am in an area where a licencehas not previously been needed to take subartesian water. Can I construct a subartesian bore for stock and domestic purposes?
Yes, as long as the water is only used for stock and domestic purposes and the works are consistent with the performance criteria and acceptable solutions of the Code for self assessable development of bores identified in a water resource plan as self-assessable.
I currently have a licenceto pump water from the river to irrigate crops. How will the licencebe affected if I sell my property while the amended moratorium is in place?
The amended moratorium will not affect transfer of the licence to the new owner. This type of application will continue to be accepted and dealt with during the planning process. Your NRW office will explain the transfer process.
I have an approval to develop a waterharvesting licence. Can I proceed with the development, which includes pump installation, channels and storage?
Provided you comply with clause 13(a) of the Moratorium Notice and your storage will not capture overland flow water you could proceed with installation of the approved works. It is important to ensure the works (i.e. pump) comply with your licence and development permit specifications.
If you have any more questions about works that are ‘started’ under the amended moratorium, please call 07 4967 0818.
Complying with the amended moratorium
NRW staff will monitor activities throughout the plan area to ensure compliance with the amended moratorium.
The department’s first priority is to cooperate with landholders to ensure effective, consistent implementation of the amended moratorium without unnecessary disruption of farming activities.
However, penalties do exist where breaches are detected or documentation is fraudulent.
Community support is essential if we are to sustainably manage Queensland’s valuable natural assets for present and future generations.
For more Information
This is a guide only. Anyone who may be affected should read the Amending Moratorium Notice Draft Water Resource (Whitsunday) Plan (PDF, 357K)* in full before commencing or continuing any works. You can also view the Amended Moratorium Notice at the departmental offices, where staff will answer your queries.
Contact your nearest Department of Natural Resources and Water office or visit the water resource planning home page.
(An information sheet detailing the previous moratorium notice for the draft Whitsunday Water Resource Plan Area (PDF, 69K)* is available for your information.)
Contact details
If you have problems downloading any of these documents, or would like a copy sent by post, please contact:
Mackay office
22-30 Wood Street
MACKAY QLD 4740
Ph: 07 4967 0611
Fax: (07) 4957 4005
Email: Whitsunday WRP coordinator
* Requires Acrobat Reader
Last updated: 20 March 2009