Water Legislation Amendment Bill 2022
Plain English Summary
Overview
This bill strengthens how non-urban water take is measured and reported in Queensland, implementing the state's strengthened water measurement policy. It introduces requirements for measurement devices, measurement systems, measurement plans, and near real-time telemetry to ensure water is accurately accounted for, particularly in the Murray-Darling Basin. The bill also improves water licence administration, water authority governance, and drinking and recycled water regulation.
Who it affects
Irrigators and other non-urban water users face new requirements to measure and report their water take using approved devices and systems. Drinking water and recycled water service providers face clearer audit and reporting obligations.
Key changes
- Water users with volumetric entitlements must use approved measurement devices or measurement systems to measure their water take, with measurement plans required for complex take like overland flow
- Telemetry devices may be required in higher risk catchments to transmit water take data in near real-time to the department
- Taking water without complying with measurement requirements is an offence carrying a maximum penalty of 1,665 penalty units
- Chief executive discretion is restored for water licence dealings that involve changing licence conditions or renewing or reinstating licences, including consideration of the public interest and Aboriginal and Torres Strait Islander interests
- Water authority board directors' maximum terms extended from 3 to 4 years, and category 1 board directors can be temporarily suspended by the Minister for up to 60 days
- Publishing requirements across water legislation modernised from newspaper to online on Queensland Government websites
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee12 Oct 2022View Hansard
Referred to State Development and Regional Industries Committee
▸Second Reading25 May 2023 – 14 Sept 2023View Hansard
Vote on a motion
Vote on a government motion supporting health workers and condemning LNP health policies, not related to the Water Legislation Amendment Bill.
The motion was agreed to.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (54)
Noes (35)
▸18 members spoke8 support1 oppose9 mixed
Acknowledged the bill's framework for non-urban water measurement but expressed concern about centralisation, costs for small users and the potential for surveillance-like monitoring of water take.
“The primary objective of the bill is to implement a strengthened non-urban water measurement policy that will significantly enhance the extent to which water take is measured, monitored and reported across Queensland.”— 2023-09-14View Hansard
As committee member, supported the bill while stressing the importance of practical, cost-effective water measurement approaches. Urged the department not to impose unnecessary burden on smaller water users who already understand their water take.
“Please don't place an imposition on the community in those areas that do not have meters at the present time. Use some practical approaches.”— 2023-09-13View Hansard
Supported the bill and the shadow minister's position, highlighting the importance of water management for Queensland's agricultural industry.
“The Water Legislation Amendment Bill aims to amend the existing Water Act 2000 in Queensland to establish a regulatory framework for measuring the take of non-urban water.”— 2023-09-14View Hansard
Supported the bill, noting it applies primarily to the Murray-Darling Basin under national commitments. Highlighted $22 million in federal funding for telemetry and efforts to reduce costs for water users.
“In many ways this bill is about the measurement of water. The committee found there is generally an acceptance that it has to be measured.”— 2023-09-13View Hansard
Expressed deep mistrust of Labor's water management based on 22 years of experience, particularly the devastating moratorium on overland flow in the Fitzroy Basin. Supported the concept of better measurement but criticised the lack of consultation with stakeholders.
“When it comes to the Labor Party and managing water, I do not have trust. Nearly 22 years ago, in a first interaction between the Labor Party and irrigators from the Central Highlands—without consultation, without a letter to us or anything—the Labor Party of the Beattie era put a moratorium on overland flow in the Fitzroy Basin.”— 2023-09-14View Hansard
Expressed deep mistrust of the government's water reform agenda, arguing that seemingly innocent measurement requirements invariably lead to new pricing regimes. Questioned the accuracy of government water flow data, citing local knowledge contradicting official records.
“I have developed a mistrust of the government on anything to do with natural resources. It starts innocently enough with everyone trying to conserve water and measure it, but then in the next few years we will have to defend a new pricing regime.”— 2023-09-13View Hansard
Discussed the bill's framework for non-urban water measurement, raising concerns from primary producers in the Mary Basin about cost impacts and the government's administration of water legislation.
“Gympie's primary producers and farmers have a natural interest in issues regarding the management of water.”— 2023-09-14View Hansard
Supported the bill, highlighting the government's broader water infrastructure investment of more than $510 million and the bill's role in improving non-urban water measurement policy.
“Water security is the key to the prosperity of the Queensland economy.”— 2023-09-13View Hansard
Outlined the committee's four recommendations and supported the bill, noting the minister's assurances about balancing improved measurement with minimising costs for water users.
“At its core this bill is about strengthening water measurement across Queensland.”— 2023-09-14View Hansard
As shadow minister for water, confirmed the LNP would not stand in the way of the bill but raised concerns about implementation costs for irrigators, lack of regulatory detail, and the bill's potential use as a revenue-raising mechanism. Criticised the government's broader water record.
“From the outset I want to confirm that the LNP opposition will not stand in the way of this bill.”— 2023-09-13View Hansard
Strongly supported the bill, linking water management to climate change adaptation and citing the devastating Murray-Darling fish kills as evidence that proper measurement and planning are essential.
“Water is the driving force of all nature.”— 2023-09-14View Hansard
As committee member, supported the bill in principle but expressed concern it could be a revenue raiser in disguise. Criticised the lack of transparency around the accompanying regulation which parliament had not seen.
“When the department talks about there being no 'current' proposal to increase revenue that indicates to me that this regulation, which none of us have seen by the way, could make those changes.”— 2023-09-13View Hansard
Supported the shadow minister's amendments to exclude stock and domestic overland flow from metering. Raised concerns about the cost burden on small water users and sought assurances about local government water supply entitlements.
“These amendments will clarify that stock and domestic use from overland flow is excluded from metering across the entirety of the state.”— 2023-09-14View Hansard
Supported the bill and responded to previous speakers' comments, acknowledging the retiring member for Burleigh and rebutting the shadow minister's claims about the government's water record.
“It was wonderful to hear the member for Nanango also talk about the importance of Paradise Dam for agriculture and horticulture and the importance of Paradise Dam being safe.”— 2023-09-13View Hansard
Criticised the government's water infrastructure record and supported the committee process but raised concerns about the impact on rural and regional water users.
“When it comes to water security and dams, the dams that the Labor government propose do not even help water security because they are for energy storage.”— 2023-09-14View Hansard
As a representative of the Murray-Darling northern basin, broadly supported better water measurement but raised concerns about the unseen regulations and the broad powers granted to the chief executive.
“They are broadly supportive—like AgForce and the opposition—of the intention to, as properly as possible, manage this limited resource and do that through measuring the take of water from the system.”— 2023-09-14View Hansard
Criticised the government's broader water infrastructure record, particularly the failure to build dams and the Traveston dam debacle, while speaking on the bill.
“This is the first time we have heard from the Minister for Water. When you couple that with the fact and the knowledge that the state government has not built a single dam in nearly nine years it tells you everything.”— 2023-09-14View Hansard
As Minister for Water, replied to the second reading debate, thanking members and defending the bill as a key milestone for improving water management across Queensland.
“The Water Legislation Amendment Bill 2022 delivers a key milestone for this government's state and national commitments to improve water management in Queensland.”— 2023-09-14View Hansard
▸In Detail14 Sept 2023View Hansard
Amended clause 17 to provide the chief executive with discretion not to require publication of a public submissions notice for water licence dealings, unless it is in the interests of Aboriginal and Torres Strait Islander peoples' connection with water resources or in the public interest.
Amendment to clause 39 to exclude stock and domestic overland flow water use from measurement requirements across the entire state, arguing small users face disproportionate costs for low-risk water take.
That the amendment be agreed to
Vote on Mrs Frecklington's (LNP) amendment to explicitly exclude stock and domestic overland flow water use from measurement requirements across Queensland. The opposition argued small users face disproportionate costs for low-risk water take. Defeated 33-52.
The motion was defeated.
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Ayes (33)
Noes (52)
That the amendment be agreed to
Vote on an LNP amendment to a government motion about health workers, not related to the Water Legislation Amendment Bill.
The motion passed.
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Ayes (50)
Noes (33)
As shadow minister for water, moved an amendment during Consideration in Detail to exclude stock and domestic overland flow use from measurement requirements across the entire state. The amendment was defeated 33-52.
“An authorisation or class of authorisations that permit the taking of overland flow water may be declared under subsection (1) to be subject to a measurement requirement only if the authorisation or class is for a purpose other than stock or domestic purposes.”— 2023-09-14View Hansard