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
- proposed wild rivers area, 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
If you want the take of overland flow water to remain authorised, in most plan areas you must notify the department within 12 months from when overland flow provisions commenced in that area.
Generally you do not need to notify the department of the take of overland flow water solely for stock or domestic purposes.
There is no fee for notification, however, failure to do so by the required date will mean that the take of overland flow water is no longer authorised. Unauthorised taking of overland flow water is a breach of the Water Act 2000, 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.
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 business centre, or you can download the following:
- Notification form (PDF, 77K)* to be printed and completed in hard copy
- Guidelines for completing the notification form (PDF, 201K)* which includes examples of existing works that require notification for representative farms.
A holder of a mining tenement or petroleum tenure for land with overland flow works in the Fitzroy Basin
- Notification form (PDF, 70K)* to be printed and completed in hard copy
- Guidelines for completing the notification form (PDF, 79K)*.
Deadlines for notification
The department publishes the deadline dates for notification of works in relevant plan areas.
The current deadline for authorising the take of overland flow water is for the:
- Cooper Creek Water Resource Plan area. Notifications must be submitted on or before 14 November 2012
- Fitzroy Basin Water Resource Plan area mining tenement and petroleum tenure holders. Notifications from a holder of a mining tenement or petroleum tenure for land with overland flow works must be submitted on or before 9 December 2012.
Deadlines expired in the following areas on the dates indicated:
- Whitsunday—26 February 2011
- Baffle—5 November 2011
- Gulf and Mitchell—31 October 2008
- Burdekin—1 August 2008
- Calliope—15 December 2007
- Fitzroy Basin Water Resource Plan area landholders—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
Maintaining existing works
While you can continue to maintain or repair existing works in an area where overland flow is regulated, to ensure they continue to operate, the capacity of the works to contain overland flow must not be increased as a result.
- de-silting the storage (not deepening)
- repairing embankments, bywash facilities, pipes and pumps.
You are advised to contact the department before carrying out any maintenance or repairs.
Contact details for more information on overland flow in specific water resource plan areas.
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Last updated 9 December 2011