Queensland Consolidated Acts

STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 138

138 Powers in respect of water for purposes of works

(1) The Coordinator-General or his or her delegate expressly authorised in that behalf may—

(a) raise or lower the level of the water in any body of water; or

(b) take, impound, divert or use, either permanently or temporarily the water in any body of water;

to the extent to which the Coordinator-General or, as the case may be, his or her delegate thinks it necessary for the purpose of or in connection with undertaking—

(c) authorised works for or connected with the supply of water; or

(d) works authorised under this Act to be undertaken for or connected with the supply of water.

(2) If a moratorium notice has been published under the Water Act 2000 , the power of the Coordinator-General under subsection (1) does not apply to—

(a) water to which the notice applies; or

(b) if the notice is amended—water to which the amended notice applies.

(3) If a water plan has been approved, or is taken to have been approved, under the Water Act 2000 , the power of the Coordinator-General under subsection (1) does not apply to—

(a) water to be supplied to water entitlement holders, or persons authorised to take water under the Water Act 2000 , section 20 , in the plan area at the time the power is exercised; and

(b) water required to meet environmental flow objectives and water allocation security objectives under the plan.

(4) However, if the Coordinator-General acts under subsection (1) —

(a) the Coordinator-General must consider the economic and social benefits of the proposed works and any industry to be supplied with the water, and any 1 or more of the following—

(i) the need for sustainable management and efficient use of water under the Water Act 2000 , section 10 ;

(ii) the principles of ecologically sustainable development under the Water Act 2000 , section 11 ;

(iii) relevant water planning information;

(iv) the needs of water entitlement holders under the Water Act 2000 ;

(v) the volume of water to be supplied under subsection (1) ; and

(b) the Coordinator-General must—

(i) prepare a statement giving reasons why the power is exercised; and

(ii) publish a copy of the statement in the gazette; and

(c) the Minister must table the statement in the Legislative Assembly within 3 sitting days after the notice is published in the gazette.