Restriction on entitlement to use underground water—Act, s 334ZP
839 Restriction on entitlement to use underground water—Act, s 334ZP
This section applies in relation to a mineral development licence or mining lease if, before the commencement—
either—
an environmental authority was granted in relation to the mineral development licence or mining lease; or
an application for an environmental authority, or for an amendment of an environmental authority, in relation to the mineral development licence or mining lease was made but not decided; or
if an environmental authority in relation to the mineral development licence or mining lease had not been granted or applied for—there is a notified coordinated project in relation to the licence or lease; and
the entity who is or will be the holder of the mineral development licence or mining lease did not hold, but would have been required to hold, a water licence or water permit to take or interfere with underground water in the area of the licence or lease if the taking or interference were to have happened during the course of, or as a result of, the carrying out of authorised activities for the licence or lease.
Section 334ZP does not apply to the holder of the mineral development licence or mining lease until the holder has an associated water licence to take or interfere with associated water in the area of the licence or lease.
For the purposes of section 334ZP(8) and (9), an associated water licence is taken to be a water licence.
This section applies whether the mineral development licence or mining lease was granted before or after the commencement.
In this section—
associated water means underground water taken or interfered with in the circumstances mentioned in subsection (1)(b).
associated water licence see the Water Act, section 1250B.
notified coordinated project means a coordinated project under the State Development and Public Works Organisation Act 1971 for which—
an environmental impact statement is required; and
the Coordinator-General has publicly notified under section 29 of that Act that an EIS is required for the project; and
either—
the Coordinator-General has publicly notified under that section that comments on the draft terms of reference are invited; or
if the Coordinator-General has not publicly notified that comments on the draft terms of reference are invited—the terms of reference are finalised under section 30(3) of that Act.
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