Water Amendment Regulation (No. 2) 2025

The endorsed summary impact assessment for the Water Amendment Regulation (No. 2) 2025 was issued 1 December 2025. It is published by the Department of Local government, Water and Volunteers (DLGWV). It was endorsed by:

• Bronwyn Blagoev, Director-General, DLGWV.
• Ann Leahy MP, Minister for Local Government and Water and Minister for Fire, Disaster Recovery and Volunteers.

Proposal type

• Minor and machinery in nature – consequential amendments following the procedure for dissolution and conversion of water authorities under the Water Act 2000.
• Regulatory proposals that are deregulatory by delaying regulatory requirements do not increase costs or regulatory burden on business or the community.

Details

The Water Amendment Regulation (No. 2) 2025 (the Amendment Regulation) amends the Water Regulation 2016 (the Water Regulation) to:

Dissolve the Fernlee Water Authority (FWA) and convert to an alternative institutional arrangement, namely multiple Closed Water Activity Agreements (CWAAs)

The Webbe-Weller Review recommended to abolish water authorities and deliver their responsibilities through alternative non-governmental institutional arrangements. A CWAA is a specific voluntary agreement where all registered landowners in an authority area agree on how water activities will be carried out on their land. Establishing CWAAs will allow operations to be more independent and efficient, in alignment with the scale of its activities.

The FWA is responsible for three separate bore systems within the authority area. The FWA has met the requirements of section 695A of the Water Act 2000 (Water Act) and will convert into three CWAAs – the Boanbirra Bore Water Scheme, the Booroomba Bore Water Scheme and the Janalian Bore Water Scheme.

The board of the FWA voted affirmative, by special resolution, to dissolve the FWA to multiple CWAAs on 7 July 2023. The ratepayers of the FWA have been fully informed of the proposal, given details of the possible consequences and the opportunity to vote by a special ballot.

A notice of the proposed dissolution is not required to be published by the chief executive under section 692(1) of the Water Act due to the conditions of section 692(2) having been satisfied. Specifically: (1) the ratepayers in the authority area to which the proposed dissolution relates have been informed about the proposal by the FWA; (2) the proposed dissolution is because of action taken by the State in response to the Webbe-Weller Review (the Review); and (3) the publication of the notice is not appropriate, having regard to public interest.

• The first condition has been met, as discussed above.
• The second condition has been met due to the Review recommending that water authorities be abolished and their responsibilities delivered through alternative non-government institutional arrangements. The Queensland Government supported this in principle, with the State since facilitating the dissolution of 39 water authorities by amendments.
• The third condition has been met, as the dissolution would be delayed by allowing for a gazette notice to be published and subsequent submission and review periods. Ratepayers may also feel obliged to make a submission when their preference for dissolution is already known, with DLGWV required to resource a process related to any submissions received. This reduced effectiveness, responsiveness, efficiency and economy is not in the public interest.

The FWA is a small water authority with 9 ratepayers, no other stakeholders and receives no government funding. The risks associated with this proposal are low and have no implications for the general public.

This proposal is minor and machinery in nature (being consequential to a procedure for dissolution carried out under the Water Act) and has no regulatory costs. DLGWV has identified that no further regulatory impact analysis is required under the Queensland Government Better Regulation Policy.

The Amendment Regulation also amends the Water Regulation 2016 to:

Defer compliance requirements for telemetry devices in specific Queensland Murray-Darling Basin water management areas

Telemetry is a recent regulatory requirement for the Queensland Murray-Darling Basin (QMDB) under the Queensland Non-urban Measurement Policy 2022 implemented through legislative amendments that took effect in July 2024. This delivered on Queensland Government’s obligations under the Murray-Darling Basin Compliance Compact to have a timetable by 2025, for the implementation of telemetry.

Holders of relevant authorisations in six water management areas within two QMDB water plans – Water Plan (Border Rivers and Moonie) 2019 and Water Plan (Condamine and Balonne) 2019 – have a regulatory requirement to attach a telemetry device to their water meters before 1 December 2025. In late 2023, Queensland secured funding from the Australian Government to subsidise the cost of this requirement. The funding fully subsidises the cost of a telemetry device, its installation and the first year of data services and maintenance. Installation of telemetry devices and uptake of the subsidy has been well below expectations.

DLGWV acknowledges that the requirement for telemetry devices is a recent regulatory requirement. Deferral of the compliance timeframe to attach a telemetry device by 12 months will provide additional time for DLGWV to engage with affected water entitlement holders to educate them on these recent regulatory obligations and encourage uptake of the telemetry subsidy to reduce implementation costs. The Australian Government funding of the subsidy remains available to December 2027 to support implementation.

Defer compliance requirements for meter installation and revalidation in specific North Region water management areas

Meters that were in operation prior to commencement of the current measurement requirements in the Water Regulation, which came into effect in 2024, required revalidation by the date defined in the Water Regulation. Revalidation requires having an existing meter inspected and certified by a qualified person as being compliant with the Queensland metering standards. Once a meter has been revalidated, it transitions to the current framework which requires this process to occur every 5 years. The same process applies to the installation of a new meter. A meter or measurement device must be certified every 5 years, or sooner if it becomes faulty or the installation set-up is changed.

Certified meter installation and revalidation dates prescribed in the Water Regulation for North Queensland water plan areas require deferral to better align with the intended 5-year certification cycle, water plan reviews and delivery of the Unlocking Water project to make more unallocated water available for consumptive use. Extension of the compliance timeframe will ensure DLGWV resources can be appropriately focussed on meeting these commitments and deliver better alignment with the intended 5-year certification cycle.

These proposals are deregulatory in nature as they defer regulatory requirements and do not increase costs or regulatory burden on business or the community. These proposals are not subject to the regulatory impact analysis requirements and do not require further impact analysis under the Queensland Government Better Regulation Policy.

Summary

The Water Amendment Regulation (No. 2) 2025 amends the Water Regulation 2016 to correct minor errors, make consequential amendments, align with the intent of the Queensland Non-urban Measurement Policy and with water plan review and implementation processes.

This includes the dissolution of the FWA and conversion into three CWAAs to allow for more independent and efficient operations. This decision, supported by the FWA board and ratepayers, aligns with the Queensland Government’s response to the Webbe-Weller Review, which recommended transitioning water authorities to alternative non-government arrangements.

Additionally, the Amendment Regulation defers compliance deadlines for telemetry device installation in six water management areas across two Queensland Murray-Darling Basin water plans and meter installation/revalidation in specific North Queensland water plan areas. These deferrals aim to provide additional time for stakeholder engagement, subsidy uptake, ensuring effective policy implementation, support operational efficiency and delivery of commitments.

The regulatory proposals are minor/machinery or deregulatory in nature. No further regulatory impact analysis is required under the Queensland Government Better Regulation Policy.

Read the summary impact assessment statement for the Water Amendment Regulation 2025 (PDF, 2MB).