(1) This part does not apply to the holder of a mineral development licence or
mining lease who takes or interferes with underground water in the area of the
licence or lease if subsection (2) or (3) applies.
(2) This subsection
applies if—
(a) the holder of the mineral development licence or mining
lease is authorised, under a water licence or water permit, to take or
interfere with underground water in the area of the licence or lease; and
(b)
the taking or interference happens during the course of, or results from, the
carrying out of an authorised activity for the licence or lease.
(3) This
subsection applies if—
(a) immediately before the commencement, the holder
of the mineral development licence or mining lease was otherwise lawfully
entitled to take or interfere with underground water in the area of the
licence or lease; and
(b) after the commencement—
(i) the holder takes or
interferes with water during the course of, or as the result of, the carrying
out of an authorised activity for the licence or lease; and
(ii) had the
taking or interference mentioned in subparagraph (i) occurred before the
commencement, the holder would have been authorised to take or interfere with
the water in connection with the activity.
(4) However, this part does apply
to the holder of a mineral development licence or mining lease mentioned in
subsection (1) if—
(a) the licence or lease is a CMA tenure; or
(b) the
chief executive decides, having regard to the impact considerations relating
to the holder, that this part applies to the holder.
(5) The chief executive
must give a holder mentioned in subsection (4) (b) —
(a) a notice advising
the holder that this part applies to the holder and a stated reasonable time
within which the holder must give the chief executive an underground water
impact report under section 370; and
