Access licence required for water used in mining activities
60I Access licence required for water used in mining activities
A person who takes water in the course of carrying out a mining activity is, for the purposes of this Act, taking water from a water source.
Without limiting the generality of subsection (1), a person takes water in the course of carrying out a mining activity if, as a result of or in connection with, the activity or a past mining activity carried out by the person, water is removed or diverted from a water source (whether or not water is returned to the water source) or water is re-located from one part of an aquifer to another part of an aquifer.
To avoid doubt, a person who takes water in the course of carrying out a mining activity as referred to in subsection (2) is required to hold an access licence authorising the taking of the water.
In this section—
mineral has the same meaning as it has in the Mining Act 1992.
mineral exploration means prospecting pursuant to an assessment lease, exploration licence, mineral claim, mining lease or opal prospecting licence under the Mining Act 1992.
mining means the winning or removal of materials by methods such as excavating, dredging, drilling or tunnelling for the purpose of obtaining minerals or petroleum, and includes—
the construction, commissioning, operation and decommissioning of associated works, and
the stockpiling, processing, treatment and transportation of materials extracted, and
the rehabilitation of land affected by mining.
mining activity means any of the following—
mining,
mineral exploration,
petroleum exploration.
petroleum has the same meaning as it has in the Petroleum (Onshore) Act 1991.
petroleum exploration means prospecting pursuant to a petroleum title under the Petroleum (Onshore) Act 1991.
This section does not limit any other provision of this Act.
This Act’s bill:Explanatory memorandumSecond reading speech
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