Water Act 2000

This part does not apply to the holder of a mineral development licence or mining lease who takes or interferes with underground water in the area of the licence or lease if subsection (2) or (3) applies.

This subsection applies if—

the holder of the mineral development licence or mining lease is authorised, under a water licence or water permit, to take or interfere with underground water in the area of the licence or lease; and

the taking or interference happens during the course of, or results from, the carrying out of an authorised activity for the licence or lease.

This subsection applies if—

immediately before the commencement, the holder of the mineral development licence or mining lease was otherwise lawfully entitled to take or interfere with underground water in the area of the licence or lease; and

after the commencement—

the holder takes or interferes with water during the course of, or as the result of, the carrying out of an authorised activity for the licence or lease; and

had the taking or interference mentioned in subparagraph (i) occurred before the commencement, the holder would have been authorised to take or interfere with the water in connection with the activity.

However, this part does apply to the holder of a mineral development licence or mining lease mentioned in subsection (1) if—

the licence or lease is a CMA tenure; or

the chief executive decides, having regard to the impact considerations relating to the holder, that this part applies to the holder.

The chief executive must give a holder mentioned in subsection (4)(b)—

a notice advising the holder that this part applies to the holder and a stated reasonable time within which the holder must give the chief executive an underground water impact report under section 370; and

an information notice about the decision.