Taking overland flow—new works
- Regulation of new works
- Self-assessable development
- Assessable development
- Vegetation clearing
- Further information
A person may take overland flow water for any purpose unless there is a moratorium notice, water resource plan or wild river declaration that limits or alters the water that may be taken.
Regulation of new works
The building of new works that take overland flow water is regulated under the Sustainable Planning Act 2009. This applies if the operational works are mentioned as either self-assessable or assessable development in a water resource plan area or under the Water Regulation 2002. See the relevant water resource plan for specific details.
Self-assessable development must comply with the relevant development codes. Under these codes, you must notify the department of any new works within 60 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.
Self-assessable development includes:
- works to take overland flow water for stock or domestic purposes
- works to take overland flow water using limited capacity works (as limited in certain water resource plans)
- works to take overland flow water for environmentally relevant purposes.
Stock or domestic use
Under the Water Act 2000, stock or domestic use of overland flow water may be regulated in certain areas of the state by a moratorium notice, water resource plan or wild river declaration. In these areas, all new works are self-assessable under the Sustainable Planning Act 2009 and must comply with the Code for self-assessable development for taking overland flow water for stock and domestic purposes.
The code ensures that overland flow works for stock or domestic purposes will be no larger than that necessary to meet the requirement for stock or domestic use. That is, the code helps you determine a maximum volume based on the number of stock and the domestic need.
Limited capacity works
While large overland flow works may be strictly controlled, building works with a limited capacity for taking overland flow water for any purpose can be self-assessable development in certain water resource areas. Self-assessed works include:
These works must comply with conditions specified in the relevant water planning document and the Code for self-assessable development for taking overland flow water using limited capacity works.
Areas where limited capacity works are authorised
You can use works of limited capacity to take overland flow water in the following areas:
- Baffle (20 megalitres)
- Burdekin Basin (250 megalitres)
- Calliope River Basin (5 megalitres)
- Cooper Creek (10 megalitres)
- Fitzroy Basin—downstream of Fitzroy Barrage subcatchment area (5 megalitres)
- Fitzroy Basin—remainder of Fitzroy Basin (50 megalitres)
- Gulf (250 megalitres)
- Mitchell (250 megalitres)
- Moreton (5 megalitres)
- Whitsunday (20 megalitres).
If you want to construct an overland flow storage with a capacity greater than those indicated above, you will require a development permit from the department.
Environmentally relevant activities
New works to take overland flow water associated with environmentally relevant activities or for diversion of overland flow water around a mine site are self-assessable under the Sustainable Planning Act 2009.
This means that the works can be built without prior approval from the department provided they are authorised under the relevant water resource plan. The works must also 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.
Before constructing assessable overland flow works a landholder must hold a development permit for constructing the operational works.
All applications will be assessed under the Code for assessable development for operational works for taking overland flow water.
Contact your local department business centre if you have any queries about your development.
All applications for a development permit for constructing assessable works must be accompanied by a certified report on the proposed 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. pumps, storages, sumps, ring tanks
- details of these works
- calculations of their capacity to take overland flow.
The Certification guidelines for assessable works that take overland flow water provides details of the certification process and the department’s requirements for certification, including methods for calculating the size and capacity of works.
The overland flow codes do not 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 comply with the:
- overland flow codes
- laws regulating the clearing of vegetation.
You must also comply with any other relevant state and federal laws when constructing works under these codes.
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.
Last updated 16 January 2013