Water Act 1992

(1) This section applies in relation to an application for a licence, or a licence proposed to be granted on the Controller's own initiative, to take water from a bore if:

(a) the proposed beneficial use of water under the licence is petroleum activity that includes hydraulic fracturing; and

(a) the owner of each designated bore mentioned in subsection (1)(b) consents to the grant of the licence; or

(b) the Controller is satisfied that hydrogeological investigations and groundwater modelling indicate that the activities under the licence will not have any adverse effect on the supply of water to any designated bore mentioned in subsection (1)(b).

designated bore means any of the following:

(b) a bore in relation to which a water extraction licence has been granted;

(c) a proposed bore in relation to which the Controller has received but not yet decided an application for a bore work permit under section 57(1) that is proposed to be used for:

(ii) a use that requires the grant of a water extraction licence or a licence under Part 6B;

(d) a proposed bore in relation to which a bore work permit under section 57(1) is in force that is proposed to be used for:

(ii) a use that requires the grant of a water extraction licence or a licence under Part 6B.

owner, of a designated bore, means:

(a) if a permit or licence under this Act is in force in relation to the bore – the holder of the permit or licence; or

(b) if the designated bore is a proposed bore in relation to which the Controller has received an application under section 57(1) – the person who has made the application to construct the bore; or

(c) if a bore exists but there is no permit or licence under this Act in force in relation to the bore – the person who uses or maintains the bore.