WATER ACT 2000 - SECT 370B When obligation to give further underground water impact report does not apply

WATER ACT 2000 - SECT 370B

370B When obligation to give further underground water impact report does not apply

(1) This section applies if—

(a) the responsible entity is the holder of a resource tenure that is not a CMA tenure; and

(b) the responsible entity has given the chief executive an underground water impact report that is approved by the chief executive under section 385 (the
"existing report" ); and

(c) the existing report—

(i) estimated, under section 376 (1) (a) (ii) , the quantity of water to be taken to be zero; and

(ii) did not predict, under section 376 (1) (b) (iv) or (v) , a decline in the water level of an aquifer of more than the bore trigger threshold either during the period or at any time as mentioned in the subparagraph.

(2) Subject to subsection (5) , the responsible entity is not required to give the chief executive a further underground water impact report.

(3) However if, after the approval of the existing underground water impact report, the responsible entity exercises its underground water rights, the responsible entity must notify the chief executive within 10 business days of the exercise of the rights.

Penalty—

Maximum penalty—500 penalty units.

(4) Subsection (5) applies if—

(a) the chief executive requires the responsible entity to amend the existing report under section 392 ; and

(b) the report, as amended, indicates a decline in the water level of an aquifer affected, or likely to be affected, because of the exercise of the underground water rights.

(5) Section 370 applies to the responsible entity as if a reference in section 370 (2) (c) to ‘the day the first underground water impact report for the cumulative management area or resource tenure took effect’ were a reference to ‘the day the approved underground water impact report as amended took effect’.