WATER ACT 2000 - SECT 397
Obligation to prepare baseline assessment plan
WATER ACT 2000 - SECT 397
Obligation to prepare baseline assessment plan
397 Obligation to prepare baseline assessment plan
(1) This section does not apply while there are no water bores in the area of
a resource tenure.
(2) A mining tenure holder must give the chief executive a
baseline assessment plan for the area of the holder’s tenure—
(a) before
the day the holder exercises its underground water rights; or
(b) if the
chief executive agrees to a later day, by that day.
Penalty—
Maximum
penalty—500 penalty units.
(3) A petroleum tenure holder must give the
chief executive a baseline assessment plan for the area of the holder’s
tenure before—
(a) the start day for the petroleum tenure; or
(b) if
production testing or production of petroleum has already started in the area
on the commencement of this section—30 business days after the commencement;
or
(c) if a longer period is agreed by the chief executive—the longer
period.
Penalty—
Maximum penalty—500 penalty units.
(4) A
baseline assessment plan for the area of a resource tenure must—
(a) state
whether a baseline assessment has been undertaken for any bores in the area
before the day the plan is given to the chief executive and, if so, identify
the bores; and
(b) identify each area of the holder’s resource tenure in
which water bores, other than the bores mentioned in paragraph (a) , are or
may be located (each a
"priority area" ); and
(c) state a timetable for undertaking baseline
assessments of water bores in each priority area of the resource tenure for
which an assessment has not already been completed, including a stated date by
which all baseline assessments in each priority area will be undertaken, that
complies with section 398(a
"baseline assessment timetable" ); and
(e) be accompanied by the fee prescribed
by regulation.
(5) Despite subsection (4) (b) , the chief executive may
accept a baseline assessment plan—
(a) for a petroleum tenure that is an
authority to prospect under the Petroleum Act 1923or the Petroleum and Gas
Act —that excludes a block of the authority—
(i) that is not contiguous
with any other block of the authority; and
(ii) on which no production
testing is being undertaken or is planned to be undertaken; or
(b)
generally—that excludes an area if the resource tenure holder can
demonstrate to the chief executive’s satisfaction that any relevant aquifer
in the area is not affected, or likely to be affected, because of the exercise
of the holder’s underground water rights.