WATER ACT 2000 - SECT 424 Negotiating variation of make good agreement

WATER ACT 2000 - SECT 424

424 Negotiating variation of make good agreement

(1) This section applies if, after entering into a make good agreement for a water bore, either party to the agreement considers a matter stated in the agreement is not appropriate because—

(a) of a material change in circumstances; or

(b) 1 or more of the make good measures agreed to is not effective; or

(c) another effective and more efficient make good measure is available.

Examples—

1 The impacts on a water bore because of the exercise of underground water rights are substantially greater than predicted in an underground water impact report.

2 A change in the authorised activities conducted in the area of a tenure is causing a substantial change in the impact of the exercise of underground water rights on aquifer water levels.

(2) A party to the agreement may give a notice to the other party—

(a) stating why the party considers a matter stated in the agreement is not appropriate; and

(b) asking the other party to vary the agreement.

(3) A party to whom a notice is given under subsection (2) must use the party’s best endeavours to negotiate a variation of the make good agreement for the water bore that addresses the matters stated in the notice.

(4) Subsection (3) does not prevent the parties to the make good agreement from otherwise agreeing to vary the agreement.