Water Regulations 1992

For section 71R(2) of the Act, the following requirements are prescribed:

the application for the proposed licence sets out the circumstances mentioned in section 71R(1) of the Act relied on by the applicant;

the application includes evidence of the circumstances mentioned in section 71R(1) of the Act;

the application includes the total volume of water required under the proposed licence for each proposed year of the licence;

the application includes:

in the case of a mining activity – an environmental (mining) licence under the Environment Protection Act 2019;

and

in the case of a petroleum activity – the environment management plan approved under the Petroleum Act 1984.

Without limiting subregulation (1)(b), the application may include any of the following as evidence of the circumstances mentioned in section 71R(1)(a) and (b) of the Act:

water use or water extraction records, including records of metered water extraction;

a site water balance report for the site where the mining activity or petroleum activity is carried out;

records of pumping rates and duration for taking water.

For section 71R(3) of the Act, the following procedure is prescribed:

if a public sector employee of the Agency returns the application under regulation 3(5) the public sector employee must provide reasons for that decision;

the Controller must give notice of a decision (including reasons for the decision) on the application within 20 business days after the Controller makes the decision;

if the Controller grants the licence the Controller must include the reasons for the decision in a register kept under section 95 of the Act.

Division 3 General