Aquifer interference activities
19 Aquifer interference activities
A person lawfully engaged in an aquifer interference activity carried out in connection with an authorised project is exempt in relation to taking groundwater from a groundwater source—
for a purpose other than consumption or supply, and
for an amount per water year that when added to the total volume taken by all aquifer interference activities carried out in connection with the authorised project for the water year totals no more than a volume of 3ML for the water year.
Note—
Once the 3ML limit is reached for an authorised project, no further claim may be made for the exemption, whether by the same or a different person.
Without limiting subsection (1), the exemption applies to groundwater taken in relation to the aquifer interference activity for the purpose of lawfully carrying out one or more of the following activities—
exploration for minerals, including coal, or petroleum,
quarrying, excavation, dredging or exploration for stone, aggregate, sand or gravel,
excavation required for the construction of a building, road or infrastructure,
creation of an artificial lake that intersects with groundwater,
remediation of groundwater contamination,
investigation of groundwater resources or geotechnical investigation,
testing of water quality from monitoring bores,
conducting pumping tests to investigate bore capacity or the capacity or connectivity of groundwater systems,
operation of ground source heating or cooling systems.
The exemption does not apply to groundwater taken in the course of or incidental to mining for minerals, including coal, or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991.
The person must—
record, in the approved form and approved manner, and no later than 24 hours after the water is taken, the amount of water taken under the exemption, and
keep the record for at least 5 years, and
give the record to the Minister—
within 28 days after the end of the water year in which the water was taken, or
by another date if notified in writing by the Minister.
In this section—
authorised project means an activity—
the subject of a consent, approval or other lawful authority conferred by or under an Act, or
to which the Environmental Planning and Assessment Act 1979, Division 5.1 applies, or
that is exempt development.
building has the same meaning as in the Environmental Planning and Assessment Act 1979.
mineral has the same meaning as in the Mining Act 1992.
petroleum has the same meaning as in the Petroleum (Onshore) Act 1991.
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