WATER ACT 2000 - SECT 418 Direction by chief executive to undertake bore assessment

WATER ACT 2000 - SECT 418

418 Direction by chief executive to undertake bore assessment

(1) This section applies if the chief executive reasonably believes a water bore—

(a) can no longer supply a reasonable quantity or quality of water for its authorised use or purpose; or

(b) is affected, or is likely, in the future, to be affected, by the exercise of a resource tenure holder’s underground water rights; or

(c) has an impaired capacity.

(2) The chief executive may give a resource tenure holder a notice stating that the holder must either—

(a) undertake a bore assessment that complies with this section and section 414 within a stated reasonable time; or

(b) make a submission within a stated reasonable period of at least 20 business days about why the holder should not be required to undertake the bore assessment.

(3) If the holder undertakes a bore assessment under subsection (2) (a) , the holder must give the chief executive a copy of the notice given under section 419 .

(4) In deciding the resource tenure holder to whom a notice is to be given under subsection (2) , the chief executive must have regard to the impact considerations relating to the holder.

(5) If the holder makes a submission within the stated period and, after considering the submission, the chief executive still considers the holder should undertake the bore assessment, the chief executive may give the holder a notice stating—

(a) that the holder must undertake the bore assessment; and

(b) a reasonable period within which the bore assessment must be undertaken; and

(c) that a copy of the notice given under section 419 must be given to the chief executive.

(6) The holder must comply with a notice given under subsection (2) or (5) , unless the holder has a reasonable excuse.

Penalty—

Maximum penalty—500 penalty units.

(7) 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.

(8) In this section—


"bore assessment" includes an assessment of a water bore to establish—

(a) whether it can supply a reasonable quantity or quality of water for its authorised use or purpose; and

(b) the reason for any reduced capacity of the water bore to supply the reasonable quantity or quality of water.