Water (Commonwealth Powers) Bill
Posted by Administrator (admin) on Nov 14 2008
2008 >>

Mr LAWLOR (Southport—ALP) (3.54 pm):

In supporting the Water (Commonwealth Powers) Bill 2008, I would like to address the amendments to a number of acts included in this referral bill. These amendments are unrelated to the referral of state powers to the Commonwealth for Murray- Darling Basin reform. First, I would like to address amendments to the Queensland Water Act 2000 and a number of water resource plans that will facilitate the implementation of the state’s water resource planning. The Bligh government is committed to tackling climate change, and our water reforms are a part of our plans to secure the future for all Queenslanders. The Water Act establishes the framework for
the sustainable allocation and management of the state’s water resources. Amendments to the Water Act will improve the process for finalising draft resource operations plans, which are the operational
plans that implement the strategic water resource plan. The amendment will allow a draft resource operations plan to be finalised in stages.

In addition, the amendments will clarify that a moratorium can be made over water resource and resource operations plan areas. Amendments to each of the relevant Queensland Murray-Darling Basin
water resource plans will facilitate the recent Queensland government decision to grant 10.6 billion litres of water to the Commonwealth. This is more evidence of the Bligh government’s Toward Q2 commitment to being a strong leader on green issues. This water will come from the strategic reserve of unallocated water within the Queensland Murray-Darling catchments.

The Department of Natural Resources and Water has continued to deliver its water planning activities. The Water Act requires the preparation of water resource plans and, where necessary, resource operations plans. Water resource plans aim to provide secure water allocations and allow for future sustainable development while ensuring environmental flows are considered to protect the health
of Queensland’s rivers.

The Bligh government knows that planning for the future is vital if we are to tackle climate change. Resource operations plans are the day-to-day operational plans used to implement water resource plans. The first Water Act amendment will improve the process for finalising a resource operations plan. The process includes initially preparing a draft resource operations plan which is released for public consultation prior to preparing the final draft resource operations plan for approval. This amendment allows for a draft resource operations plan to be finalised in stages and details how this alternative interim step can be progressed. This will allow for the timely finalisation of part of a draft resource operations plan where circumstances may have arisen that may otherwise delay the finalisation of the whole plan.

The second Water Act amendment clarifies that a moratorium can be made over water dealt with under both a water resource plan and a resource operations plan, consistent with the intent of the moratorium provisions under the Water Act. The amendment does not in any way change the criteria on which a moratorium can be made. There may be a need for a moratorium, which would preserve the
status quo of water taken. For example, a moratorium may be needed in a situation where a water resource plan, and its associated resource operations plan, requires an amendment in relation to how
particular water is to be regulated in the future. The extent of a moratorium in these circumstances would limit the future taking of water to what is currently allowed under the plans—in other words, to
maintain the status quo.

The third related Water Act amendment will facilitate the Queensland government’s decision to grant to the Commonwealth 10.6 billion litres of water from the strategic reserve of unallocated water
from the Warrego, Moonie, Nebine and border rivers Queensland Murray-Darling catchments. Each of the relevant Murray-Darling Basin water resource plans is amended through this referral bill to facilitate this decision. Despite the fact that our Queensland water resource planning already provides water for the environment and the recent Murray-Darling Basin Commission sustainable river audit clearly shows
the health of the Queensland rivers are the best in the basin, this state recognises its responsibilities to the whole basin, and the Murray-Darling Basin water reform agenda has been discussed extensively by previous speakers. Therefore, we must also acknowledge that Queensland has been a leading agency around the country in terms of water resource planning.

To date, more than 91 per cent of the state is covered by water resource plans that provide for the social and economic wellbeing of our communities while delivering secure water entitlements and
enshrining environmental flows for the health of our rivers and ecosystems. The separation of water from land through resource operations plans has allowed water to move to its most valuable uses, with permanent trades in the 2007-08 financial year totalling more than 22 billion litres.

I would also like to address an amendment to the Land Title Act 1994 and Land Act 1994 that would extend the stay on the registration of certain tidal boundary plans. Amendments to the Land Title
Act and the Land Act are required to extend the current stay on the registration of certain tidal boundary plans by one year. These tidal boundary plans were due to lapse on 8 November 2008.


In November 2005, it became known that some freehold lots in coastal areas were being resurveyed and the resultant plans were showing boundaries located on what was previously considered to be public beaches. This situation had obvious implications for public ownership of Queensland beaches and access to those beaches. Consequently, the Land Title Act and the Land Act were amended to introduce a three-year stay until November 2008 on the registration of certain tidal land survey plans to protect the public interest in these lands. The stay was put in place to allow time for development of a solution to this issue. Developing a solution has required careful balancing of the public interest in public ownership and
access to beaches against private interests. This balancing process has involved extensive research, identification of affected lots along the coast and tidal rivers, consideration of factors such as the nature of subdivisions and improvements, the volatility of river and coastal real estate markets, changes in ownership of land, and the material impacts of any proposed solution.

The amendments to the Land Act and the Land Title Act to extend the stay on the registration of tidal boundary plans will allow for the finalisation of a policy position which takes into account the
exceptionally complex issues involved. These amendments will also strike an appropriate balance between the public interest in public ownership of Queensland beaches and access to those beaches and the rights of waterfront landholders. I commend the bill to the House.

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