Water Act 2000

This section applies if the chief executive reasonably believes a water bore—

can no longer supply a reasonable quantity or quality of water for its authorised use or purpose; or

is affected, or is likely, in the future, to be affected, by the exercise of a resource tenure holder’s underground water rights; or

has an impaired capacity.

The chief executive may give a resource tenure holder a notice stating that the holder must either—

undertake a bore assessment that complies with this section and section 414 within a stated reasonable time; or

make a submission within a stated reasonable period of at least 20 business days about why the holder should not be required to undertake the bore assessment.

If the holder undertakes a bore assessment under subsection (2)(a), the holder must give the chief executive a copy of the notice given under section 419.

In deciding the resource tenure holder to whom a notice is to be given under subsection (2), the chief executive must have regard to the impact considerations relating to the holder.

If the holder makes a submission within the stated period and, after considering the submission, the chief executive still considers the holder should undertake the bore assessment, the chief executive may give the holder a notice stating—

that the holder must undertake the bore assessment; and

a reasonable period within which the bore assessment must be undertaken; and

that a copy of the notice given under section 419 must be given to the chief executive.

The holder must comply with a notice given under subsection (2) or (5), unless the holder has a reasonable excuse.Maximum penalty—500 penalty units.

Subsection (8) applies if—

the bore owner of a water bore applies for a bore assessment notice under section 419B(2); and

the chief executive gives a resource tenure holder a notice under subsection (2) because of the bore owner’s application; and

the holder makes a submission to the chief executive; and

after considering the submission, the chief executive decides not to give the holder a notice under subsection (5).

The chief executive must give the bore owner and the holder an information notice for the decision.

The chief executive must give the office a copy of a notice given to the holder under subsection (2) or (5).

A regulation may prescribe for this section a quality of water that is a reasonable quality of water for a particular authorised use or purpose.

In this section—bore assessment includes an assessment of a water bore to establish—

whether it can supply a reasonable quantity or quality of water for its authorised use or purpose; and

the reason for any reduced capacity of the water bore to supply the reasonable quantity or quality of water.