Water Act 2000

This section applies in relation to a water bore for which a responsible tenure holder has undertaken a bore assessment under division 2.

The holder must use the holder’s best endeavours to enter into a make good agreement for the bore with the bore owner by—

the day that is 40 business days after the bore assessment is undertaken; or

if the chief executive agrees to a later day—that day.

The holder must reimburse the bore owner for any accounting, hydrogeology, legal or valuation costs the bore owner necessarily and reasonably incurs in negotiating or preparing a make good agreement.

However, the holder is not required to reimburse the bore owner for hydrogeology costs incurred for work performed other than by an appropriately qualified hydrogeologist.

Also, if the holder enters into a make good agreement for the bore, the holder must, within 20 business days after entering into the agreement, give the chief executive and the office notice that the agreement was entered into.Maximum penalty—50 penalty units.

In this section—appropriately qualified hydrogeologist means an individual who has the minimum experience or qualifications, stated in the guidelines made by the chief executive under section 413, for undertaking a bore assessment.