Environmental Protection (Water) Policy 2009, SL No. 178

Queensland Environmental Protection Act 1994 Environmental Protection (Water) Policy 2009 Current as at 6 December 2016 Queensland Environmental Protection (Water) Policy 2009 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Part 2 Application and purpose of policy 3 Application of policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Purpose of policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 How purpose of policy is achieved . . . . . . . . . . . . . . . . . . . . . . . 3 Part 3 Basic concepts 6 Environmental values to be enhanced or protected . . . . . . . . . . 4 7 Indicators and water quality guidelines for environmental values 6 8 When environmental values are protected . . . . . . . . . . . . . . . . . 7 Part 4 Management goals and water quality objectives for waters 9 Management goals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Water quality objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11 Identifying environmental values etc. for waters . . . . . . . . . . . . . 8 12 Amending waters in sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Part 5 Management of activities 13 Management hierarchy for surface or ground water . . . . . . . . . . 9 14 Management intent for waters . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Part 6 Healthy waters management plans 24 Healthy waters management plans . . . . . . . . . . . . . . . . . . . . . . . 12 Part 7 Functions of chief executive 25 Community awareness and involvement . . . . . . . . . . . . . . . . . . . 13 26 Ambient monitoring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Part 8 Miscellaneous 27 Operation of sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Contents Environmental Protection (Water) Policy 2009 Part 9 Repeal and transitional provisions Division 1 Repeal provision 28 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 2 Transitional provisions 29 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 30 Effect of particular environmental plans . . . . . . . . . . . . . . . . . . . 15 31 Effect of trade waste management plan . . . . . . . . . . . . . . . . . . . 16 32 Application of ss 16 and 17 to particular local governments . . . . 16 33 References to repealed policy . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Schedule 1 Environmental values and water quality objectives for waters 18 Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Page 2 [s 1] Environmental Protection (Water) Policy 2009 Part 1 Preliminary Environmental Protection (Water) Policy 2009 Part 1 Preliminary 1 Short title This policy may be cited as the Environmental Protection (Water) Policy 2009. 2 Definitions The dictionary in schedule 2 defines particular words used in this policy. Part 2 Application and purpose of policy 3 Application of policy This policy applies to all Queensland waters. 4 Purpose of policy The purpose of this policy is to achieve the object of the Act in relation to Queensland waters. Note— See section 3 of the Act. 5 How purpose of policy is achieved The purpose of this policy is achieved by— (a) identifying environmental values and management goals for Queensland waters; and Current as at 6 December 2016 Page 3 Authorised by the Parliamentary Counsel [s 6] Environmental Protection (Water) Policy 2009 Part 3 Basic concepts (b) stating water quality guidelines and water quality objectives to enhance or protect the environmental values; and (c) providing a framework for making consistent, equitable and informed decisions about Queensland waters; and (d) monitoring and reporting on the condition of Queensland waters. Part 3 Basic concepts 6 Environmental values to be enhanced or protected (1) The environmental values of waters to be enhanced or protected under this policy are— (a) for water mentioned in schedule 1, column 1—the environmental values stated in the document opposite the water in schedule 1, column 2; or (b) for other water—the environmental values stated in subsection (2). (2) For subsection (1)(b), the environmental values are as follows— (a) for high ecological value waters—the biological integrity of an aquatic ecosystem that is effectively unmodified or highly valued; (b) for slightly disturbed waters—the biological integrity of an aquatic ecosystem that has effectively unmodified biological indicators, but slightly modified physical, chemical or other indicators; (c) for moderately disturbed waters—the biological integrity of an aquatic ecosystem that is adversely affected by human activity to a relatively small but measurable degree; (d) for highly disturbed waters—the biological integrity of an aquatic ecosystem that is measurably degraded and of Page 4 Current as at 6 December 2016 Authorised by the Parliamentary Counsel [s 6] Environmental Protection (Water) Policy 2009 Part 3 Basic concepts lower ecological value than waters mentioned in paragraphs (a) to (c); (e) for waters that may be used for producing aquatic foods for human consumption—the suitability of the water for producing the foods for human consumption; (f) for waters that may be used for aquaculture—the suitability of the water for aquacultural use; (g) for waters that may be used for agricultural purposes—the suitability of the water for agricultural purposes; (h) for waters that may be used for recreation or aesthetic purposes, the suitability of the water for— (i) primary recreational use; or (ii) secondary recreational use; or (iii) visual recreational use; (i) for waters that may be used for drinking water—the suitability of the water for supply as drinking water; (j) for waters that may be used for industrial purposes—the suitability of the water for industrial use; (k) the cultural and spiritual values of the water. (3) In this section— cultural and spiritual values, of water, means its aesthetic, historical, scientific, social or other significance, to the present generation or past or future generations. primary recreational use, of water, means full body contact with the water, including, for example, diving, swimming, surfing, waterskiing and windsurfing. secondary recreational use, of water, means contact other than full body contact with the water, including, for example, boating and fishing. visual recreational use, of water, means viewing the water without contact with it. Current as at 6 December 2016 Page 5 Authorised by the Parliamentary Counsel [s 7] Environmental Protection (Water) Policy 2009 Part 3 Basic concepts 7 Indicators and water quality guidelines for environmental values (1) An indicator for an environmental value is a physical, chemical, biological or other property that can be measured or decided in a quantitative way. Examples— • The concentration of nutrients and pH value are types of chemical indicators. • Secchi disc clarity is a type of physical indicator. • Seagrass depth range, macro-invertebrate family richness and percentage of exotic fish are types of biological indicators. (2) Water quality guidelines are quantitative measures or statements for indicators, including contaminant concentration or sustainable load measures of water, that protect a stated environmental value. (3) For particular water, the indicators and water quality guidelines for an environmental value are— (a) decided using the following documents— (i) site specific documents for the water; (ii) the QWQ guidelines; (iii) the AWQ guidelines; (iv) other relevant documents published by a recognised entity; and (b) for water mentioned in schedule 1, column 1—the indicators stated in the document opposite the water in schedule 1, column 2. (4) To the extent of any inconsistency between the documents mentioned in subsection (3)(a) for a particular water quality guideline, the documents are to be used in the order in which they are listed in that subsection. (5) In this section— sustainable load measure, of water, means the maximum concentration of contaminants the water can accommodate while achieving the water quality objectives for the water. Page 6 Current as at 6 December 2016 Authorised by the Parliamentary Counsel [s 8] Environmental Protection (Water) Policy 2009 Part 4 Management goals and water quality objectives for waters 8 When environmental values are protected For this policy, the environmental values for particular water are protected if the measures for all indicators do not exceed the water quality guidelines stated for the indicators. Part 4 Management goals and water quality objectives for waters 9 Management goals The management goals for water mentioned in schedule 1, column 1 are the goals, if any, stated in the document opposite the water in schedule 1, column 2. Examples of management goals— • to maintain an area, composition and condition of seagrass beds, reefs or mangroves • to maintain a stated level of diversity of fish species 10 Water quality objectives (1) The water quality objectives for water mentioned in schedule 1, column 1 are— (a) the objectives stated in the document opposite the water in schedule 1, column 2; or (b) if water quality objectives for the water are not stated in the document—the set of water quality guidelines that will protect all environmental values stated in the document. (2) The water quality objectives for water not mentioned in schedule 1, column 1 are the set of water quality guidelines for all indicators that will protect all environmental values for the water. (3) However, water quality objectives do not apply to— (a) water in swimming pools; and Current as at 6 December 2016 Page 7 Authorised by the Parliamentary Counsel [s 11] Environmental Protection (Water) Policy 2009 Part 4 Management goals and water quality objectives for waters (b) drinking water in a domestic water supply system, including, for example, water in a local government or privately owned water supply system; and (c) waste water in a storage including, for example, a sewage lagoon, mine tailings dam, irrigation tailwater dam and piggery or dairy waste water pond; and (d) water in a pond used for aquaculture; and (e) water in a stormwater treatment system. 11 Identifying environmental values etc. for waters (1) This section applies to water not mentioned in schedule 1, column 1. (2) For developing a document about particular water for inclusion in schedule 1, the chief executive may, in cooperation with the chief executive (fisheries), identify— (a) the environmental values to be protected for the water; and (b) the water quality objectives for the water; and (c) ways to improve the quality of the water. (3) In identifying the matters mentioned in subsection (2), the chief executive must ensure there has been— (a) consultation with the community, including industry and commerce sectors; and (b) consideration of the economic and social impacts of protecting environmental values for the water. (4) Also, the chief executive may identify water quality objectives for the water that provide a lower level of protection of the environmental values for the water than the water quality guidelines mentioned in section 10(2) only if— (a) the adoption of the water quality guidelines would involve unacceptable economic or social impacts on the community; and Page 8 Current as at 6 December 2016 Authorised by the Parliamentary Counsel [s 12] Environmental Protection (Water) Policy 2009 Part 5 Management of activities (b) the water quality objectives are an improvement on existing water quality. 12 Amending waters in sch 1 (1) The chief executive may replace a document stated in schedule 1, column 2 for particular water only if— (a) there has been consultation with the community, including industry and commerce sectors; and (b) the chief executive has considered the economic and social impacts of protecting environmental values for the water. (2) However, subsection (1) does not apply to a replacement document if— (a) the purpose of the replacement is only to correct a minor error, or make another change that is not a change of substance; or (b) the document being replaced states that an amendment of a stated type may be made to the document under this subsection, and the purpose of the replacement is only to make an amendment of the stated type. Part 5 Management of activities 13 Management hierarchy for surface or ground water (1) This section states the management hierarchy for an activity that may affect water. Note— See the Environmental Protection Regulation 2008, section 51. (2) To the extent it is reasonable to do so, release of waste water or contaminants to waters must be dealt with using the following hierarchy of preferred procedures— Current as at 6 December 2016 Page 9 Authorised by the Parliamentary Counsel [s 13] Environmental Protection (Water) Policy 2009 Part 5 Management of activities (a) step 1—evaluate water conservation measures to reduce the use of water and the production of waste water or contaminants; (b) step 2—evaluate waste prevention options and implement appropriate waste prevention measures; (c) step 3—if waste prevention does not, or is not likely to, eliminate the release of waste water or contaminants to waters, evaluate treatment and recycling options and implement appropriate treatment and recycling; (d) step 4—if treatment and recycling does not, or is not likely to, eliminate the release of waste water or contaminants to waters, evaluate the following options for waste water or contaminants, in the order in which they are listed— (i) appropriate treatment and release to a waste facility or sewer; (ii) appropriate treatment and release to land; (iii) appropriate treatment and release to surface waters or ground waters. (3) In this section— appropriate treatment, of waste water or contaminants, means— (a) for release to a sewerage service provider’s waste facility or sewer—treatment that meets the service provider’s requirements for the release to the waste facility or sewer; or (b) for release to land—treatment that ensures the release to land is ecologically sustainable; or (c) for release to surface waters or ground waters—treatment that ensures the release will not affect the environmental values for the waters. waste facility means a facility for the recycling, reprocessing, treatment, storage, incineration, conversion to energy or disposal of waste. Page 10 Current as at 6 December 2016 Authorised by the Parliamentary Counsel [s 14] Environmental Protection (Water) Policy 2009 Part 5 Management of activities 14 Management intent for waters (1) This section states the management intent for waters subject to an activity that involves the release of waste water or contaminants to the waters. Note— See the Environmental Protection Regulation 2008, section 51. (2) It is the management intent for the waters that the decision to release the waste water or contaminant must ensure the following— (a) for high ecological value waters—the measures for the indicators for all environmental values are maintained; (b) for slightly disturbed waters—the measures for the slightly modified physical or chemical indicators are progressively improved to achieve the water quality objectives for high ecological value water; (c) for moderately disturbed waters— (i) if the measures for indicators of the environmental values achieve the water quality objectives for the water—the measures for the indicators are maintained at levels that achieve the water quality objectives for the water; or (ii) if the measures for indicators of the environmental values do not achieve the water quality objectives for the water—the measures for indicators of the environmental values are improved to achieve the water quality objectives for the water; (d) for highly disturbed waters—the measures for the indicators of all environmental values are progressively improved to achieve the water quality objectives for the water. Current as at 6 December 2016 Page 11 Authorised by the Parliamentary Counsel [s 24] Environmental Protection (Water) Policy 2009 Part 6 Healthy waters management plans Part 6 Healthy waters management plans 24 Healthy waters management plans (1) The chief executive may, in cooperation with the chief executive (fisheries), develop and implement an environmental plan about water (a healthy waters management plan) to decide ways to improve the quality of the water. (2) Also, a recognised entity, in cooperation with the chief executive, may develop and implement a healthy waters management plan. (3) A healthy waters management plan for water must— (a) describe the water to which the plan applies; and (b) include an assessment of the following for the water— (i) any threats to water-dependent ecosystems; (ii) any matters that may adversely affect the use of the water as a supply of drinking water; (iii) any matters that may adversely affect the natural flows of the water; and (c) if environmental values and water quality objectives for the water are stated in a document mentioned in schedule 1, column 2—include the environmental values and water quality objectives; and (d) if environmental values and water quality objectives have not been established for the water—include proposed environmental values, management goals and water quality guidelines for the water; and (e) if a water plan under the Water Act 2000 applies to the water—include the environmental flow objectives for the plan and ecological outcomes stated in the plan for the water; and Page 12 Current as at 6 December 2016 Authorised by the Parliamentary Counsel [s 25] Environmental Protection (Water) Policy 2009 Part 7 Functions of chief executive (f) identify ways to protect the environmental values for the water, and to monitor and assess the effectiveness of the protection. (4) In developing and implementing the plan, the chief executive or entity must have regard to any guidelines published by the department about healthy waters management plans. Part 7 Functions of chief executive 25 Community awareness and involvement (1) This section applies if the chief executive decides to develop and implement a plan to— (a) raise community awareness of issues about water quality; and (b) involve the community in water quality management. (2) The chief executive must consider including in the plan— (a) a description of the issues about water quality; and (b) ways to raise community awareness and understanding about water quality policy, planning and management; and (c) ways to improve levels of community consultation in relation to water quality management, including consultation carried out under this policy; and (d) ways to better inform the community of issues about water quality management. 26 Ambient monitoring (1) If the chief executive carries out a program of ambient monitoring of waters to assess the state of Queensland waters, the chief executive must— (a) carry out the monitoring under— Current as at 6 December 2016 Page 13 Authorised by the Parliamentary Counsel [s 27] Environmental Protection (Water) Policy 2009 Part 8 Miscellaneous (i) the document called ‘Monitoring and Sampling Manual 2009’ published by the department; and (ii) the AWQ guidelines; and Editor’s note— The document called ‘Monitoring and Sampling Manual 2009’ may be inspected at the department’s office at level 3, 400 George Street, Brisbane and on the department’s website at <www.ehp.qld.gov.au>. (b) publish the results of the monitoring on the department’s website; and (c) prepare a report about the results of the monitoring. (2) To the extent of any inconsistency between the documents mentioned in subsection (1)(a), the document mentioned in subsection (1)(a)(i) prevails. (3) If practicable, a comparison of ambient monitoring results with the water quality objectives for, and freshwater flows to, the water during the time of the monitoring must be included in the report. (4) For a report prepared under this section, if the measure of an indicator does not comply with a water quality guideline because of a natural property of the water, the measure of the indicator is taken to comply with the water quality guideline. (5) If the results of monitoring show the water quality objectives for the water have not been met, the chief executive may investigate the reasons why the water fails to meet the water quality objectives. Part 8 Miscellaneous 27 Operation of sch 1 The boundaries of water mentioned in schedule 1, column 1 are the boundaries identified in the document stated opposite the water in schedule 1, column 2. Page 14 Current as at 6 December 2016 Authorised by the Parliamentary Counsel [s 28] Environmental Protection (Water) Policy 2009 Part 9 Repeal and transitional provisions Editor’s note— A document mentioned in schedule 1 may be inspected at the department’s office at level 3, 400 George Street, Brisbane and on the department’s website at <www.ehp.qld.gov.au>. Part 9 Repeal and transitional provisions Division 1 Repeal provision 28 Repeal The Environmental Protection (Water) Policy 1997, SL No. 136 is repealed. Division 2 Transitional provisions 29 Definitions for div 2 In this division— commencement means the day this section commences. repealed policy means the repealed Environmental Protection (Water) Policy 1997. 30 Effect of particular environmental plans (1) This section applies if— (a) a local government must, under this policy, develop and implement a total water cycle management plan; and (b) on the commencement, the local government has any of the following plans developed under the repealed policy— (i) an environmental plan about sewage management; Current as at 6 December 2016 Page 15 Authorised by the Parliamentary Counsel [s 31] Environmental Protection (Water) Policy 2009 Part 9 Repeal and transitional provisions (ii) an environmental plan about stormwater quality management; and (c) the plans mentioned in paragraph (b) comply with the requirements under this policy for a part of a total water cycle management plan. (2) The local government’s plan developed under the repealed policy is taken to be a plan to which section 18 applies. 31 Effect of trade waste management plan (1) This section applies if— (a) a local government must, under this policy, develop and implement an environmental plan about trade waste management; and (b) on the commencement, the local government has an environmental plan about trade waste management developed under the repealed policy; and (c) the plan mentioned in paragraph (b) complies with the requirements of this policy for an environmental plan about trade waste management. (2) The local government’s plan about trade waste management developed under the repealed policy is taken to be a plan about trade waste management under section 22. 32 Application of ss 16 and 17 to particular local governments (1) This section applies to a local government required to develop and implement a total water cycle management plan under 19(1)(b). (2) Sections 16 and 17 apply to the local government as if the references in the sections to the commencement of this policy were a reference to the day the local government was advised by the chief executive about the requirement under section 19(5). Page 16 Current as at 6 December 2016 Authorised by the Parliamentary Counsel [s 33] Environmental Protection (Water) Policy 2009 Part 9 Repeal and transitional provisions 33 References to repealed policy In an Act or document, a reference to the repealed policy may, if the context permits, be taken as a reference to this policy. Current as at 6 December 2016 Page 17 Authorised by the Parliamentary Counsel Schedule 1 Environmental Protection (Water) Policy 2009 Schedule 1 Environmental values and water quality objectives for waters sections 6 and 10 Column 1 Water Column 2 Document Name Description Albert River, including all tributaries of the river part of basin 145 Albert River Environmental Values and Water Quality Objectives, published by the department in July 2010 Barron River basin, including all waters of the basin and adjacent coastal waters basin 110 Barron River Basin Environmental Values and Water Quality Objectives, published by the department in November 2014 Black River basin, including all waters of the basin and adjacent coastal waters basin 117 Black River Basin Environmental Values and Water Quality Objectives, published by the department in August 2013 Boyne River basin, including all waters of the basin basin 133 Curtis Island, Calliope River and Boyne River Basins Environmental Values and Water Quality Objectives, published by the department in November 2014 Bremer River, including all tributaries of the river part of basin 143 Bremer River Environmental Values and Water Quality Objectives, published by the department in July 2010 Page 18 Current as at 6 December 2016 Authorised by the Parliamentary Counsel Schedule 1 Environmental Protection (Water) Policy 2009 Brisbane River, including all tributaries of the Brisbane River other than Bremer River, Lockyer Creek, Oxley Creek and Stanley River part of basin 143 Brisbane River Environmental Values and Water Quality Objectives, published by the department in July 2010 Brisbane creeks—Bramble Bay, including Bald Hills, Cabbage Tree, Downfall, Kedron Brook, Nudgee and Nundah creeks part of basin 142 Brisbane Creeks—Bramble Bay Environmental Values and Water Quality Objectives, published by the department in July 2010 Broadwater, including— • Biggera and Loders creeks • the Broadwater and all creeks of the Broadwater catchment • Runaway Bay part of basin 146 Broadwater Environmental Values and Water Quality Objectives, published by the department in July 2010 Column 1 Water Column 2 Document Name Description Current as at 6 December 2016 Page 19 Authorised by the Parliamentary Counsel Schedule 1 Environmental Protection (Water) Policy 2009 Burrum, Gregory, Isis, Cherwell and Elliott rivers, including all Hervey Bay coastal rivers and creeks basin 137 Burrum, Gregory, Isis, Cherwell and Elliott Rivers Environmental Values and Water Quality Objectives, published by the department in July 2010 Caboolture River, including all tributaries of the river part of basin 142 Caboolture River Environmental Values and Water Quality Objectives, published by the department in July 2010 Callide Creek, including all waters of the Callide Creek catchment within the Dawson River sub-basin part of basin 130 Callide Creek Catchment Environmental Values and Water Quality Objectives, published by the department in September 2011 Calliope River basin, including all waters of the basin, the Fitzroy delta, waters of Balaclava Island, the Narrows, Port Curtis, Gladstone Harbour and adjacent coastal waters basin 132 and adjacent to basin 132 Curtis Island, Calliope River and Boyne River Basins Environmental Values and Water Quality Objectives, published by the department in November 2014 Comet River, including all waters of the Comet River sub-basin part of basin 130 Comet River Sub-basin Environmental Values and Water Quality Objectives, published by the department in September 2011 Column 1 Water Column 2 Document Name Description Page 20 Current as at 6 December 2016 Authorised by the Parliamentary Counsel Schedule 1 Environmental Protection (Water) Policy 2009 Coomera River, including all tributaries of the river part of basin 146 Coomera River Environmental Values and Water Quality Objectives, published by the department in July 2010 Currumbin and Tallebudgera creeks and Pacific Beaches, including— • all tributaries of Currumbin and Tallebudgera creeks • all creeks of the Pacific Beaches catchment part of basin 146 Currumbin and Tallebudgera Creeks Environmental Values and Water Quality Objectives, published by the department in July 2010 Curtis Island basin, including all waters of the basin and adjacent coastal waters basin 131 Curtis Island, Calliope River and Boyne River Basins Environmental Values and Water Quality Objectives, published by the department in November 2014 Daintree River basin, including all waters of the basin and adjacent coastal waters basin 108 Daintree and Mossman River Basins Environmental Values and Water Quality Objectives, published by the department in November 2014 Column 1 Water Column 2 Document Name Description Current as at 6 December 2016 Page 21 Authorised by the Parliamentary Counsel Schedule 1 Environmental Protection (Water) Policy 2009 Dawson River, including all waters of the Dawson River sub-basin other than the Callide Creek catchment part of basin 130 Dawson River Sub-basin Environmental Values and Water Quality Objectives, published by the department in September 2011 Fitzroy River, including all waters of the Fitzroy River sub-basin part of basin 130 Fitzroy River Sub-basin Environmental Values and Water Quality Objectives, published by the department in September 2011 Fraser Island waters basin 139 Fraser Island Environmental Values and Water Quality Objectives, published by the department in July 2010 Great Sandy Strait and coastal creeks part of basin 140 and adjacent to basins 137, 138 and 139 Great Sandy Strait and Coastal Creeks Environmental Values and Water Quality Objectives, published by the department in July 2010 Herbert River basin, including all waters of the basin, Port of Lucinda and adjacent coastal waters basin 116 and adjacent to basin 116 Herbert River Basin Environmental Values and Water Quality Objectives, published by the department in November 2014 Hervey Bay adjacent to basins 137 and 139 Hervey Bay Environmental Values and Water Quality Objectives, published by the department in July 2010 Column 1 Water Column 2 Document Name Description Page 22 Current as at 6 December 2016 Authorised by the Parliamentary Counsel Schedule 1 Environmental Protection (Water) Policy 2009 Hinchinbrook Island basin, including all waters of the basin, Port Hinchinbrook and adjacent coastal waters basin 115 Tully River, Murray River and Hinchinbrook Island Basins Environmental Values and Water Quality Objectives, published by the department in November 2014 Isaac River, including all waters of the Isaac River sub-basin part of basin 130 Isaac River Sub-basin Environmental Values and Water Quality Objectives, published by the department in September 2011 Johnstone River basin, including all waters of the basin, Port of Mourilyan and adjacent coastal waters basin 112 and adjacent to basin 112 Johnstone River Basin Environmental Values and Water Quality Objectives, published by the department in November 2014 Lockyer Creek, including all tributaries of the creek part of basin 143 Lockyer Creek Environmental Values and Water Quality Objectives, published by the department in July 2010 Logan River, including all tributaries of the river part of basin 145 Logan River Environmental Values and Water Quality Objectives, published by the department in July 2010 Mackenzie River, including all waters of the Mackenzie River sub-basin part of basin 130 Mackenzie River Sub-basin Environmental Values and Water Quality Objectives, published by the department in September 2011 Column 1 Water Column 2 Document Name Description Current as at 6 December 2016 Page 23 Authorised by the Parliamentary Counsel Schedule 1 Environmental Protection (Water) Policy 2009 Maroochy River, including all tributaries of the river part of basin 141 Maroochy River Environmental Values and Water Quality Objectives, published by the department in July 2010 Mary River, including all tributaries of the river basin 138 Mary River Environmental Values and Water Quality Objectives, published by the department in July 2010 Mooloolah River, including all tributaries of the river part of basin 141 Mooloolah River Environmental Values and Water Quality Objectives, published by the department in July 2010 Moreton Bay basin 144 and adjacent to basins 141 to 143, 145 and 146 Moreton Bay, North Stradbroke, South Stradbroke, Moreton and Moreton Bay Islands Environmental Values and Water Quality Objectives, published by the department in July 2010 Mossman River basin, including all waters of the basin and adjacent coastal waters basin 109 Daintree and Mossman River Basins Environmental Values and Water Quality Objectives, published by the department in November 2014 Mulgrave River, including all waters of the Mulgrave River sub-basin, Trinity Inlet and adjacent coastal waters part of basin 111 Mulgrave-Russell River Basin Environmental Values and Water Quality Objectives, published by the department in November 2014 Column 1 Water Column 2 Document Name Description Page 24 Current as at 6 December 2016 Authorised by the Parliamentary Counsel Schedule 1 Environmental Protection (Water) Policy 2009 Murray River basin, including all waters of the basin and adjacent coastal waters basin 114 Tully River, Murray River and Hinchinbrook Island Basins Environmental Values and Water Quality Objectives, published by the department in November 2014 Nerang River, including all tributaries of the river part of basin 146 Nerang River Environmental Values and Water Quality Objectives, published by the department in July 2010 Nogoa River, including all waters of the Nogoa River sub-basin part of basin 130 Nogoa River Sub-basin Environmental Values and Water Quality Objectives, published by the department in September 2011 Noosa River, including— • Kin Kin creek • Teewah coastal creeks • lakes Cooroibah, Cootharaba, Doonella and Weyba part of basin 140 Noosa River Environmental Values and Water Quality Objectives, published by the department in July 2010 O’Connell River basin, including all waters of the basin and adjacent coastal waters basin 124 Proserpine River, Whitsunday Island and O’Connell River Basins Environmental Values and Water Quality Objectives, published by the department in August 2013 Column 1 Water Column 2 Document Name Description Current as at 6 December 2016 Page 25 Authorised by the Parliamentary Counsel Schedule 1 Environmental Protection (Water) Policy 2009 Oxley Creek, including all tributaries of the creek part of basin 143 Oxley Creek Environmental Values and Water Quality Objectives, published by the department in July 2010 Pimpama River, including— • Behm and McCoys creeks • southern Moreton Bay coastal creeks part of basin 146 Pimpama River Environmental Values and Water Quality Objectives, published by the department in July 2010 Pine rivers and Redcliffe creeks, including— • Hays Inlet • all tributaries of the North Pine and South Pine rivers part of basin 142 Pine Rivers and Redcliffe Creeks Environmental Values and Water Quality Objectives, published by the department in July 2010 Pioneer River basin, including all waters of the basin and adjacent coastal waters basin 125 Pioneer River and Plane Creek Basins Environmental Values and Water Quality Objectives, published by the department in August 2013 Plane Creek basin, including all waters of the basin and adjacent coastal waters basin 126 Pioneer River and Plane Creek Basins Environmental Values and Water Quality Objectives, published by the department in August 2013 Column 1 Water Column 2 Document Name Description Page 26 Current as at 6 December 2016 Authorised by the Parliamentary Counsel Schedule 1 Environmental Protection (Water) Policy 2009 Proserpine River basin, including all waters of the basin and adjacent coastal waters basin 122 Proserpine River, Whitsunday Island and O’Connell River Basins Environmental Values and Water Quality Objectives, published by the department in August 2013 Pumicestone Passage, including— • waters of Bribie Island • Bells, Coochin, Dux, Elimbah, Mellum, Ningi and Tibrogargan creeks part of basin 141 Pumicestone Passage Environmental Values and Water Quality Objectives, published by the department in July 2010 Redland creeks, including Coolnwynpin, Eprapah, Hilliards, Lota, Moogurrapum, Tarradarrapin, Tingalpa and Wynnum creeks part of basin 145 Redland Creeks Environmental Values and Water Quality Objectives, published by the department in July 2010 Column 1 Water Column 2 Document Name Description Current as at 6 December 2016 Page 27 Authorised by the Parliamentary Counsel Schedule 1 Environmental Protection (Water) Policy 2009 Ross River basin, including all waters of the basin, Magnetic Island and adjacent coastal waters basin 118 Ross River Basin and Magnetic Island Environmental Values and Water Quality Objectives, published by the department in August 2013 Russell River, including all waters of the Russell River sub-basin and adjacent coastal waters part of basin 111 Mulgrave-Russell River Basin Environmental Values and Water Quality Objectives, published by the department in November 2014 Sandy, Six Mile, Wolston, Woogaroo and Goodna creeks including all tributaries of the creeks part of basin 143 Sandy, Six Mile, Wolston, Woogaroo and Goodna Creeks Environmental Values and Water Quality Objectives, published by the department in July 2010 Shoalwater Creek basin, including all waters of the basin, Shoalwater Bay and adjacent coastal waters basin 128 and adjacent to basin 128 Styx River, Shoalwater Creek and Waterpark Creek Basins Environmental Values and Water Quality Objectives, published by the department in November 2014 Stanley River, including all tributaries of the river part of basin 143 Stanley River Environmental Values and Water Quality Objectives, published by the department in July 2010 Column 1 Water Column 2 Document Name Description Page 28 Current as at 6 December 2016 Authorised by the Parliamentary Counsel Schedule 1 Environmental Protection (Water) Policy 2009 Styx River basin, including all waters of the basin, Broad Sound and adjacent coastal waters basin 127 and adjacent to basin 127 Styx River, Shoalwater Creek and Water Park Creek Basins Environmental Values and Water Quality Objectives, published by the department in November 2014 Tully River basin, including all waters of the basin and adjacent coastal waters basin 113 Tully River, Murray River and Hinchinbrook Island Basins Environmental Values and Water Quality Objectives, published by the department in November 2014 Water Park Creek basin, including all waters of the basin, Keppel Bay and adjacent coastal waters basin 129 and adjacent to basin 129 Styx River, Shoalwater Creek and Water Park Creek Basins Environmental Values and Water Quality Objectives, published by the department in November 2014 Whitsunday Island basin, including all waters of the basin and adjacent coastal waters basin 123 Proserpine River, Whitsunday Island and O’Connell River Basins Environmental Values and Water Quality Objectives, published by the department in August 2013 Editor’s note— A copy of each plan may be inspected on the department’s website at <www.ehp.qld.gov.au>. Column 1 Water Column 2 Document Name Description Current as at 6 December 2016 Page 29 Authorised by the Parliamentary Counsel Schedule 2 Environmental Protection (Water) Policy 2009 Schedule 2 Dictionary section 2 ambient monitoring, of water, includes assessing, analysing, examining, inspecting, measuring or reporting on the following— (a) the quantity, quality and characteristics of water; (b) the effectiveness of control, remedial or rehabilitation measures on the matters mentioned in paragraph (a). aquatic ecosystem means a community of organisms living within or adjacent to water, including riparian or foreshore areas. AWQ guidelines means the national guidelines made by the Commonwealth under the program known as the National Water Quality Management Strategy, published by the Natural Resource Management Ministerial Council. basin, followed by a number, means the river basin of that number described in ‘Australia’s River Basins 1997’, 3rd edition, published by Geoscience Australia, Commonwealth of Australia, in 2004. Editor’s note— A map showing the river basins in Queensland can also be viewed on the department’s website at <www.ehp.qld.gov.au>. biological integrity, of water, means the water’s ability to support and maintain a balanced, integrative, adaptive community of organisms having a species composition, diversity and functional organisation comparable to that of the natural habitat of the locality in which the water is situated. Examples— The following are examples of biological integrity of water— (a) the intrinsic value of an aquatic ecosystem that is effectively unmodified or highly valued; (b) its ability to support associated wildlife; Page 30 Current as at 6 December 2016 Authorised by the Parliamentary Counsel Schedule 2 Environmental Protection (Water) Policy 2009 (c) its ability to produce food for human consumption. chief executive (fisheries) means the chief executive of the department in which the Fisheries Act 1994 is administered. commencement see section 29. contaminated stormwater means stormwater that contains a contaminant. distributor-retailer see the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, schedule. environmental values means the environmental values mentioned in section 6. ground water means water that occurs naturally in, or is introduced artificially into, an aquifer. healthy waters management plan see section 24(1). high ecological value waters means waters in which the biological integrity of the water is effectively unmodified or highly valued. highly disturbed waters means waters that are significantly degraded by human activity and have lower ecological value than high ecological value waters or slightly or moderately disturbed waters. indicator see section 7(1). moderately disturbed waters means waters in which the biological integrity of the water is adversely affected by human activity to a relatively small but measurable degree. participating local governments, for a distributor-retailer, see the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, section 5. Queensland regional NRM body means a Queensland regional natural resource management body under the Commonwealth program known as ‘Caring for Our Country’. QWQ guidelines means the document called ‘Queensland water quality guidelines 2009’ published by the department. Current as at 6 December 2016 Page 31 Authorised by the Parliamentary Counsel Schedule 2 Environmental Protection (Water) Policy 2009 Editor’s note— A copy of the guidelines may be inspected at the department’s office at level 3, 400 George Street, Brisbane and on the department’s website at <www.ehp.qld.gov.au>. recognised entity means— (a) a local government; or (b) a public sector unit; or (c) an agency of the Commonwealth or another State, however called, with similar functions to the functions of the chief executive under this policy; or (d) a ministerial council established by the Council of Australian Governments; or (e) the Commonwealth Scientific and Industrial Research Organisation; or (f) a research centre completely or partly funded by the Commonwealth; or (g) an Australian university; or (h) a Queensland regional NRM body; or (i) Healthy Waterways Limited ACN 137 943 554. recycling, of waste water, means— (a) re-using the waste water in the process that generated it; or (b) re-processing the waste water to develop a new product; or (c) using the waste water (whether on or off the site where it is generated). repealed policy see section 29. sewerage service means— (a) sewage treatment; or (b) the collection and transmission of sewage through infrastructure; or (c) the disposal of sewage or effluent. Page 32 Current as at 6 December 2016 Authorised by the Parliamentary Counsel Schedule 2 Environmental Protection (Water) Policy 2009 sewerage service provider see the Water Supply (Safety and Reliability) Act 2008, schedule 3. site specific document means a document that— (a) contains specific information about a water, or part of a water; and (b) is recognised by the chief executive as having appropriate scientific authority. slightly disturbed waters means waters that have the biological integrity of high ecological value waters with slightly modified physical or chemical indicators but effectively unmodified biological indicators. stormwater treatment system means a system used for managing stormwater quality, quantity and flows. surface waters means waters other than ground waters. waste prevention means the adoption of practices or processes that avoid generating waste or reduce the quantity of waste requiring subsequent treatment, recycling or disposal. waste water means aqueous waste, and includes contaminated stormwater. waste water treatment plant includes a sewage treatment plant, advanced waste water treatment plant, water reclamation plant, industrial waste water treatment system and any other plant whose primary function is to treat waste water. water quality guidelines see section 7(2). water quality objectives, for water, are the objectives identified under section 10 for protecting the environmental values for the water. waters includes the bed and banks of waters. water sensitive urban design means urban planning or design that integrates water cycle management. Current as at 6 December 2016 Page 33 Authorised by the Parliamentary Counsel Endnotes Environmental Protection (Water) Policy 2009 1 Index to endnotes 2 Key 3 Table of reprints 4 List of legislation 5 List of annotations 2 Key Key to abbreviations in list of legislation and annotations Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amd t = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renu m = renumbered ins = inserted rep = repealed lap = lapsed (retro ) = retrospectively notf d = notified rv = revised version num = numbered s = section Page 34 Current as at 6 December 2016 Endnotes Environmental Protection (Water) Policy 2009 3 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3003 9601 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2012 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnu m = unnumbered prev = previous Reprint No. Amendments included Effective Notes 1 none 28 August 2009 1A 2009 SL No. 280 18 December 2009 Key Explanation Key Explanation Current as at 6 December 2016 Page 35 Endnotes Environmental Protection (Water) Policy 2009 4 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Environmental Protection (Water) Policy 2009 SL No. 178 made by the Minister for Climate Change and Sustainability on 18 August 2009 notfd gaz 28 August 2009 pp 1491–6 commenced on date of notification exp 1 September 2019 (see SIA s 54) Notes— (1) The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. (2) An explanatory note was prepared. amending legislation— Sustainable Planning Regulation 2009 SL No. 280 ss 1–2, pt 9 div 9 notfd gaz 27 November 2009 pp 1001–6 ss 1–2 commenced on date of notification remaining provisions commenced 18 December 2009 (see s 2) 1B 2010 SL No. 185 16 July 2010 1C 2011 SL No. 194 30 September 2011 1D 2012 SL No. 86 29 June 2012 Current as at Amendments included Notes 16 August 2013 2013 SL No. 158 6 December 2013 2013 SL No. 272 28 November 2014 2014 SL No. 283 6 December 2016 2014 Act No. 64 Reprint No. Amendments included Effective Notes Page 36 Current as at 6 December 2016 Endnotes Environmental Protection (Water) Policy 2009 Environmental Protection (Water) Amendment Policy (No. 1) 2010 SL No. 185 notfd gaz 16 July 2010 pp 1142–3 commenced on date of notification Environmental Protection (Water) Amendment Policy (No. 1) 2011 SL No. 194 notfd gaz 30 September 2011 pp 238–40 commenced on date of notification Environmental Protection (Water) Amendment Policy (No. 1) 2012 SL No. 86 notfd gaz 29 June 2012 pp 704–10 commenced on date of notification Environmental Protection (Water) Amendment Policy (No. 1) 2013 SL No. 158 notfd gaz 16 August 2013 pp 1002–3 commenced on date of notification Environmental Protection (Water) Amendment Policy (No. 2) 2013 SL No. 272 notfd <www.legislation.qld.gov.au> 6 December 2013 commenced on date of notification Environmental Protection (Water) Amendment Policy (No. 1) 2014 SL No. 283 notfd <www.legislation.qld.gov.au> 28 November 2014 commenced on date of notification Water Reform and Other Legislation Amendment Act 2014 No. 64 ss 1, 2(2), 254 sch 1 date of assent 5 December 2014 ss 1–2 commenced on date of assent s 254 sch 1 commenced 6 December 2016 (automatic commencement under AIA s 15DA(2) (2015 SL No. 155 s 2)) 5 List of annotations Environmental values to be enhanced or protected s 6 amd 2010 SL No. 185 s 3 PART 6—HEALTHY WATERS MANAGEMENT PLANS pt hdg sub 2013 SL No. 272 s 3 Division 1—Preliminary div hdg om 2013 SL No. 272 s 4 Purpose of policy to be considered s 15 om 2013 SL No. 272 s 4 Development and implementation of environmental plans s 16 sub 2010 SL No. 185 s 4 amd 2012 SL No. 86 s 3; 2013 SL No. 158 s 3 om 2013 SL No. 272 s 4 Reporting and review of environmental plans s 17 amd 2010 SL No. 185 s 5. Current as at 6 December 2016 Page 37 Endnotes Environmental Protection (Water) Policy 2009 om 2013 SL No. 272 s 4 Compliance with part s 18 om 2013 SL No. 272 s 4 Division 2—Environmental plans—local governments and sewerage service providers div hdg om 2013 SL No. 272 s 4 Total water cycle management—general s 19 amd 2010 SL No. 185 s 6; 2012 SL No. 86 s 4 om 2013 SL No. 272 s 4 Total water cycle management—sewage management s 20 om 2013 SL No. 272 s 4 Total water cycle management—urban stormwater quality management s 21 amd 2009 SL No. 280 s 74 om 2013 SL No. 272 s 4 Trade waste management s 22 amd 2010 SL No. 185 s 7 om 2013 SL No. 272 s 4 Certification and endorsement of plans prov hdg amd 2010 SL No. 185 s 8(1) s 23 amd 2010 SL No. 185 s 8(2) om 2013 SL No. 272 s 4 Division 3—Other environmental plans div hdg om 2013 SL No. 272 s 5 Healthy waters management plans s 24 amd 2014 Act No. 64 s 254 sch 1 SCHEDULE 1—ENVIRONMENTAL VALUES AND WATER QUALITY OBJECTIVES FOR WATERS amd 2010 SL No. 185 s 9; 2011 SL No. 194 s 3; 2013 SL No. 158 s 4; 2014 SL No. 283 s 3 SCHEDULE 2—DICTIONARY def distributor-retailer ins 2010 SL No. 185 s 10 def participating local governments ins 2010 SL No. 185 s 10 def total water cycle management plan om 2013 SL No. 272 s 6 def trade waste om 2013 SL No. 272 s 6 © State of Queensland 2016 Page 38 Current as at 6 December 2016