WATER ACT 2000 - SECT 412 When does a water bore have an impaired capacity

WATER ACT 2000 - SECT 412

412 When does a water bore have an impaired capacity

(1) An existing water bore has an
"impaired capacity" if—

(a) there is a decline in the water level of the aquifer at the location of the bore and the exercise of underground water rights has, or has likely, caused or materially contributed to the decline; and

(b) because of the decline, the bore can no longer provide a reasonable quantity or quality of water for its authorised use or purpose.

(2) A new water bore has an
"impaired capacity" if—

(a) there is a decline in the water level of the aquifer at the location of the bore and the exercise of underground water rights has, or has likely, caused or materially contributed to the decline; and

(b) the decline is more than the decline predicted at the location of the bore in the relevant report; and

(c) because of the decline, the bore can no longer provide a reasonable quantity or quality of water for its authorised use or purpose.

(3) Also, an existing water bore or a new water bore has an
"impaired capacity" if—

(a) there is evidence of any of the following (each an
"adverse effect" )—

(i) damage to the bore or to the bore’s pumps or other infrastructure;

(ii) that the bore poses a health or safety risk;

(iii) that the bore can no longer, or it is likely that the bore can no longer, provide a reasonable quantity or quality of water for its authorised use or purpose; and

(b) free gas derived from the carrying out of authorised activities under a resource tenure has, or has likely, caused or materially contributed to the adverse effect.

(4) A regulation may prescribe for this section a quality of water that is a reasonable quality of water for a particular authorised use or purpose.

(5) In this section—


"existing water bore" means any water bore in existence before the first underground water impact report relating to the area where the bore is located takes effect.


"new water bore" means a water bore other than an existing water bore.


"relevant report" , for a new water bore, means the approved underground water impact report—

(a) in effect when the bore is constructed; and

(b) relating to the area where the bore is located.