15Hydrological assessment

15  Hydrological assessment

 (1) Before the project proponent makes the section 22 application for the project, one or more initial hydrological assessments for the project must be prepared that:

 (a) take into account information about the eligible project activities for the project contained in each project operations and maintenance plan prepared by the project proponent under subsection 14(1) in relation to the application; and

 (b) if the eligible project activities for the project involve managing tidal flows through the use of any tidal restriction mechanism, necessary infrastructure or drainage infrastructure—are supported by one or more relevant confirmations; and

 (c) meet the requirements of subsection (6).

 (2) Before the project proponent makes a section 29 application for the project that seeks a variation to the section 27 declaration for the project, either or both of the following requirements must be satisfied:

 (a) one or more existing hydrological assessments for the project must be revised that:

 (i) take into account information about the eligible project activities for the project contained in each project operations and maintenance plan revised or prepared by the project proponent under subsection 14(2) in relation to the application; and

 (ii) if the eligible project activities for the project involve managing tidal flows through the use of any tidal restriction mechanism, necessary infrastructure or drainage infrastructure—are supported by one or more relevant confirmations; and

 (iii) meet the requirements of subsection (7);

 (b) one or more new hydrological assessments for the projects must be prepared that:

 (i) take into account information about the eligible project activities for the project contained in each project operations and maintenance plan revised or prepared by the project proponent under subsection 14(2) in relation to the application; and

 (ii) if the eligible project activities for the project involve managing tidal flows through the use of any tidal restriction mechanism, necessary infrastructure or drainage infrastructure—are supported by one or more relevant confirmations; and

 (iii) meet the requirements of subsection (6).

 (3) Before the project proponent makes a change to any of the eligible project activities for the project, either or both of the following requirements must be satisfied:

 (a) one or more existing hydrological assessments for the project must be revised that:

 (i) reflect changes in tidal flows as a consequence of the change in the eligible project activities; and

 (ii) take into account information about the eligible project activities for the project contained in each project operations and maintenance plan revised or prepared by the project proponent under subsection 14(3) in relation to the change in the eligible project activities; and

 (iii) if the eligible project activities involve managing tidal flows through the use of any tidal restriction mechanism, necessary infrastructure or drainage infrastructure—are supported by one or more relevant confirmations; and

 (iv) meet the requirements of subsection (7);

 (b) one or more new hydrological assessments for the project must be prepared that:

 (i) reflect changes in tidal flows as a consequence of the change in the eligible project activities; and

 (ii) take into account information about the eligible project activities for the project contained in each project operations and maintenance plan revised or prepared by the project proponent under subsection 14(3) in relation to the change in tidal flows; and

 (iii) if the eligible project activities involve managing tidal flows through the use of any tidal restriction mechanism, necessary infrastructure or drainage infrastructure—are supported by one or more relevant confirmations; and

 (iv) meet the requirements of subsection (6). 

 (4) Within 30 days of a project operations and maintenance plan for the project being revised under subsection 14(5), either or both of the following requirements must be satisfied:

 (a) one or more existing hydrological assessments for the project must be revised that:

 (i) take into account the revisions to the project operations and maintenance plan; and

 (ii) take into account information about the eligible project activities for the project contained in the project operations and maintenance plan; and

 (iii) if the revisions relate to managing tidal flows through the use of any tidal restriction mechanism, necessary infrastructure or drainage infrastructure—are supported by one or more relevant confirmations; and

 (iv) meet the requirements of subsection (7);

 (b) one or more new hydrological assessments for the project must be prepared that:

 (i) take into account the revisions to the project operations and maintenance plan; and

 (ii) take into account information about the eligible project activities for the project contained in the project operations and maintenance plan; and

 (iii) if the revisions relate to managing tidal flows through the use of any tidal restriction mechanism, necessary infrastructure or drainage infrastructure—are supported by one or more relevant confirmations; and

 (iv) meet the requirements of subsection (6). 

 (5) Within 30 days of the project proponent becoming aware that an existing hydrological assessment for the project contains a material error that may relate to introduction, increase, reduction, modification or exclusion of tidal flows over any land, the hydrological assessment must be revised in a way that:

 (a) accounts for the error; and

 (b) if the revision relates to the movement of tidal flows through the use of any tidal restriction mechanism, necessary infrastructure or drainage infrastructure—it is supported by one or more relevant confirmations; and

 (c) meets the requirements of subsection (7).

 (6) A hydrological assessment must:

 (a) be prepared or reviewed by a qualified person; and

 (b) meet any requirements contained in the Supplement.

 (7) If an existing hydrological assessment is revised, the revision must be:

 (a) prepared or reviewed by a qualified person; and

 (b) meet any requirements in the Supplement.

 (8) If a hydrological assessment for the project is revised or prepared under subsections (4) or (5), the project proponent must give a copy of the revised or prepared assessment to the Regulator within 9 months of revising or preparing the assessment.