WATER ACT 2000 - SECT 1277
Special provision for particular petroleum tenure holders
WATER ACT 2000 - SECT 1277
Special provision for particular petroleum tenure holders
1277 Special provision for particular petroleum tenure holders
(1) The holder of a relevant petroleum tenure may request the chief executive
to grant an authority under this Act to take or interfere with underground
water in the area of the tenure—
(b) if the
relevant petroleum tenure is a 2004 Act tenure—for use in the carrying out
of another authorised activity mentioned in the Petroleum and Gas Act ,
section 186 (2) .
(a) if the area of the tenure is in
the area declared by gazette notice under this Act on 18 March 2011 to be a
cumulative management area and referred to as the Surat Cumulative Management
Area—the day 5 years after the commencement; or
(b) if the area of the
tenure is not in the area mentioned in paragraph (a)—the day 2 years after
the commencement.
(3) The request must include sufficient information to
support the request.
(4) In considering a request made by the holder of a
1923 Act tenure, the chief executive must consider the following matters—
(b) any take of underground water necessary to carry out the holder’s
work program for an authority to prospect or its development plan for a
petroleum lease;
(c) whether it is appropriate, having regard to the request,
to consider the grant of 1 or more water licences or water permits or a
combination of 1 or more water licences and 1 or more water permits;
(d) if 1
or more water licences are considered to be appropriate, the matters mentioned
in section 113(a), (b) and (e);
(e) if 1 or more water permits are considered
to be appropriate, the matters mentioned in section 138(b) to (e).
(5) In
considering a request made by the holder of a 2004 Act tenure, the chief
executive must consider the following matters—
(a) the historical take of
underground water by the holder of the petroleum tenure, other than the take
of associated water under the Petroleum and Gas Act , section 185 ;
(b) any
take of water reported to the chief executive as required under the Petroleum
and Gas Act , section 186 ;
(c) any take of underground water necessary to
carry out the holder’s work program for an authority to prospect or its
development plan for a petroleum lease;
(d) whether it is appropriate, having
regard to the request, to consider the grant of 1 or more water licences or
water permits or a combination of 1 or more water licences and 1 or more water
permits;
(e) if 1 or more water licences are considered to be appropriate,
the matters mentioned in section 113(a), (b) and (e);
(f) if 1 or more water
permits are considered to be appropriate, the matters mentioned in
section 138(b) to (e).
(6) To the extent the holder of a
relevant petroleum tenure demonstrates the need for an authority, the chief
executive must grant 1 or more water licences or water permits or a
combination of 1 or more water licences and 1 or more water permits, with or
without conditions.
(7) Subject to subsections (4)(d) and (e) and (5)(e) and
(f), chapter 2, part 3 does not apply to the grant of a water licence or water
permit under this section.
(8) Within 30 days after deciding the request, the
chief executive must give the holder of a relevant petroleum tenure an
information notice about the decision.
(9) In this section—
"1923 Act tenure" means an authority to prospect or petroleum lease under the
Petroleum Act 1923.
"2004 Act tenure" means a petroleum tenure under the Petroleum and Gas Act —
(a) that is in force on the commencement; or
(b) if the petroleum tenure was
not in force on the commencement—for which an application was made before
the commencement but which had not been granted on the commencement.
"historical take" , of underground water, includes, for example, the volume of
water taken, the location of take and works relating to the take.
