Wild Rivers Bill passed last night - Significant changes ahead for water use and projects

Critical new developments regarding access to Queensland's rivers have been introduced through the Wild Rivers Act 2005 (Qld), which was passed by State Parliament last night. The aims of the legislation are to control and manage Queensland's wild river systems through the declaration process and the systems of implementation that ensue from such a declaration. The Act introduces provisions for declaration of Queensland's rivers and categorises river and catchment areas into high, medium and low preservation areas. These categorisations will have significant flow on effects for projects.

The Act was prompted by a recognition that previously, there were no existing mechanisms to comprehensively manage resource allocations and activities that impact on the natural values of a river system at catchment level, and also that there were no existing processes or mechanisms to limit, coordinate or integrate regulation of resource allocations and activities that impact on the natural values of the river system.

If a river has been declared under the Act there are mechanisms in the Act to minimise the effect any development activities may have on the river's natural values and resource allocations (eg. how much water you can take from the river system for use) can be limited. This has significant consequences for many resource and infrastructure projects as the availability and security of water supply forms an integral part of many resource and infrastructure projects operations.

Of significance to the mining industry, the proposed moratorium period during which all applications and grants were to be frozen while the minister decided whether to declare a wild river area, or amend a wild river declaration has not been included in the Act as passed. The Act provides for recognition of certain existing rights; however, there are also increased requirements for development approvals required for new projects in declared river areas which, in some cases, can include an entire catchment.

Depending on the codes outlined in a river declaration, limited new commercial, industrial, agricultural and infrastructure development may be permitted. However, in 'high preservation areas', it is likely that no future development applications will be accepted. The normal system of permits required under other legislation will operate beside these requirements.

The Act, as passed, will allow applications and renewals for mining tenements to continue to be determined, except in certain wild river areas (high preservation areas and watercourses and lakes in preservation areas). There are also provisions for excluding wild river areas before an application is decided and adding land that is no longer a wild river area after a mining tenement has been granted.

In our October edition of Insights we will examine in further detail the Act as passed and focus upon the impacts this Act will have on current and future operations.