2023-24 Annual compliance plan report

Aims:

• Increase number of submissions arriving before the due date
• Improve the accuracy of the information we received

Actions:

We performed quality checks of submissions, to make sure:

• it was submitted on time
• it met the rules and requirements
• there was no false or misleading information.

Outcomes:

• Quarry Material Allocation Notice (QMAN) - 100% of monthly returns were reviewed for compliance within the required submission timeframe.
• Meter validation certificates (MVCs) – 1,258 received by the due date of 30 November 2023.
• Self-read meter readings – 6,296 received. 1,197 late meter readings and 283 were non-supplied.
• Drinking Water Quality Management Plans - 97% of amended plans and key performance indicator reports were provided on time and met requirements.
• Drinking Water Service Provider Annual Reports - 89% provided on time and met requirements (fewer late reports compared to 2022-23).
• Emergency Action Plans (EAPs) - 83% provided on time and in accordance with requirements (a slight increase from 2022-23).
• Dam safety reports - 80 provided to the department on time and in accordance with requirements.
• No new ‘referable dams’ for 2023-24, however the department worked with 4 new dam owners from 2022-23 to bring them into compliance in 2023-24.
• Desktop review of required documentation conducted for 55 emergency action plans

Non-compliance in this focus area can range from administrative error to intentionally providing false and misleading information. In most cases, we were able to address non-compliance through education.

Example: Encouraging compliance with non-urban water metering rules

To continue to legally take water under their entitlement, non-urban water meter owners must get a certified meter installer to validate their meter and send us a copy of the completed certificate before their due date.

The first due date for meter owners to supply validation certificates was 30 November 2023.

To encourage compliance we:

• sent letters to the 1,544 affected owners a year ahead of the due date
• sent reminder letters and e-alerts six months and then three months before the due date
• directly communicated with industry associations and encouraged them to share information with their members
• held shed talk meetings with affected water entitlement holders/meter owners
• used social media campaigns, advertising and other media to promote and explain the requirements
• answered questions and concerns.

The results:

• 1,258 certificates were received by the due date.
• 406 overdue MVCs recorded as of 30 June 2024.

Audits will continue to occur to identify any water take through non-compliant meters. Depending on these findings penalty infringement notices may be issued or further action taken.

Aims:

• make information about the benefits of compliance and how to comply, more accessible
• improve transparency of our role as the water regulator
• improve targeted communication and compliance activities and outcomes
• get feedback from regulated entities and the broader community.

Actions:

We communicated and engaged with the regulated community and interested stakeholders using:

• social media
• media releases
• stakeholder newsletters
• media interviews
• shed talks
• presentations at events
• stakeholder meetings.

We measured our results by tracking:

• percentages of submissions meeting deadlines
• improvements in compliance behaviour metrics.

Outcomes:

Non-urban water management

• Delivered media and social media campaigns that targeted relevant audiences in specific locations to encourage compliance with quarry material allocation requirements.
• Engaged with water bore drillers to communicate regulatory obligations using the actions above.
• Held 10 metering information sessions for water entitlement holders and duly qualified persons.
• Met with Natural Resource Management Groups informing Riverine Protection Framework requirements.
• Held two workshops with the water bore drilling industry.

Dam safety

• Sent four e-newsletters to dam owners.
• Presented 10 workshops to more than 100 dam owner representatives.

Water supply regulation

• Delivered four workshops attended by 117 drinking water service provider representatives.
• Feedback provided by 67 representatives reported that 94% had increased their understanding of their regulatory requirements through workshop attendance.

General stakeholder engagement

• Subscriptions to our Water Resource Management Regulatory Newsletter grew by 46%.

Online engagement and presence

• 42 social media posts reached over 1,529,000 impressions and saw engagement reach over 6,500.

Other communication

• Six media releases distributed.
• Eight websites reaching 23,000 unique users.
• Six videos released with a combined 800 views.
• Five fact sheets produced and distributed to regulated communities as needed.

We are committed to using a targeted and proactive approach to communicate our regulatory objectives. We are improving our education and engagement strategies including how information can be submitted to the department electronically.

Example: Water Supply Regulation stakeholder engagement

The Water Supply Regulation team hosts quarterly workshops throughout the year for key stakeholders. In April 2024, they hosted a full-day workshop at the Cairns Regional Council office.

It was attended by:

• 58 participants from 20 drinking water service providers
• representatives from key agencies, including:
  • Townsville and Tropical Public Health Units
  • Qld Water
  • Department of Housing
  • Local Government
  • Planning and Public Works.

The workshop aimed to reinforce our regulatory approach and provide attendees with information and guidance to continue to meet their regulatory obligations.

Information was provided by the department on:

• key performance indicator (KPI) reporting - highlighting the recent changes to the National Performance Reporting Framework and annual reporting requirements
• reporting requirements - for service providers dealing with drinking water incidents and events
• local government division updates
• information on the Urban water risk assessment project.

Highlights from the workshop included:

• a group activity on the Australian Drinking Water Guidelines
• a discussion on water incident management from a public health perspective - specifically in the context of natural disasters
• a case study on Tropical Cyclone Jasper and associated rainfall and flooding, to illustrate regulatory challenges and the response strategies that were used
• representatives from Mareeba, Cairns, and Douglas Councils shared firsthand accounts of the regulatory and operational challenges during Tropical Cyclone Jasper and in its aftermath
  • a discussion about their work to repair and rebuild the infrastructure essential for providing safe and reliable drinking water to their communities.

Aim:

• Improve the way we monitor, respond to and enforce non-compliance.

Actions:

We investigated:

• repeat offenders
• commercially or financially motivated offenders
• those that intentionally provided false or misleading information to the department.

These activities are prioritised and investigated due to their high-risk nature. By investigating cases that displayed these behaviours, we can learn from and understand how to improve our compliance outcomes.

Outcomes:

Water management

• 6,296 audits of self-read water meter readings to account for any unauthorised water take
• 867 audits of a range of water management related activities to check compliance, and to provide education of their obligations under Queensland’s water management laws
• 13 penalty infringement notices
• 142 advisory letters
• 31 warning notices
• 18 statutory notices
• one prosecution commenced in 2022-23, finalised in 2023-24
• one prosecution commenced in 2023-24.

Dam safety

• 16 farm dam visits
• 11 dam safety audits (field and desktop)
• 16 warning notices
• nine statutory notices.

Water supply regulation

• 20 compliance support visits
• five targeted compliance inspections
• one advisory letter
• 15 warning letters
• 63 statutory notices
• two penalty infringement notices.

We also gained further insights into:

• breaches that may be missed using traditional monitoring methods
• how we can increase our detection capabilities and focus for unauthorised activities.

Compliance and enforcement actions require an investment of time and resources. We ensured our actions are practical, efficient and proportionate to the severity of non-compliance.

We proactively monitored through:

• responding to third party notifications
• conducting field and desktop audits
• reviewing a range of information sources.

Example – Quarry material extraction prosecution

Taking quarry material without a Quarry Material Allocation Notice (QMAN), or not in line with the conditions or reporting requirements of their authorisation, is an offence under the Water Act 2000.

Most regulated users audited each year are working within and complying with the conditions of their authorisations.

When serious breaches occur, the department has a range of tools at its disposal to deal with serious non-compliance and will act when it is appropriate and proportionate to do so.

These include:

• an advisory letter or warning notice
• notices that require you to take certain actions (statutory notices)
• fines (called penalty infringement notices)
• amendment or cancellation of your entitlement
• prosecution for serious breaches.

In October 2023, a western Queensland quarry operator pleaded guilty to various charges in the Queensland Magistrates Court and was fined $630,000 in total and ordered to pay $66,358.90 in royalties plus court costs.

The quarry operator held a QMAN license to take material (soil and rocks) from a non-tidal riverine area (dry creek bed). When the quarry operator removed material more than what the license permitted, and removed material outside the licence area, the department investigated and commenced proceedings against the operator. The quarry operator breached the Water Act 2000 with:

• an unauthorised take of quarry materials
• non-compliance with the conditions of a QMAN
• providing false and misleading information to the State regarding the volume of materials taken.