Page 178
Authorised by the Parliamentary Counsel
[s 193]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 15 Amendment of Water Act 2000
water impact report or final report is
incorrect in a material particular; and
(b) section 392A does not apply for the
amendment.
193 Insertion of new s 392A
After section 392—
insert—
392A Regular amendments to baseline
assessment strategy in approved report for
cumulative management area
(1) This section applies in relation to a cumulative
management area for which an approved
underground water impact report is in effect.
(2) The office must, before each annual review day
for the cumulative management area, do each of
the following in relation to the approved
underground water impact report—
(a) consider whether an amendment of the
report to update the baseline assessment
strategy is necessary, having regard to—
(i) any section 390A matter in relation to
the area that the office has become
aware of since the last strategy update
for the area; and
(ii) another change relating to a CMA
tenure that has happened since the last
strategy update for the area;
Examples of changes relating to a CMA tenure
for subparagraph (ii)—
• the creation of a CMA tenure since the
last strategy update for the cumulative
management area
1
2
3
4
Clause 5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Page 179
Authorised by the Parliamentary Counsel
[s 193]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 15 Amendment of Water Act 2000
• a change to the holder of a CMA tenure
since the last strategy update for the
cumulative management area
(b) if the office considers an amendment of the
report to update the baseline assessment
strategy is necessary—
(i) propose an amendment of the report to
update the baseline assessment strategy
to address the matter mentioned in
paragraph (a); and
(ii) consult on the proposed amendment in
accordance with subsection (4).
(3) The office must give the proposed amendment to
the chief executive for approval under subsection
(5) when the office gives the chief executive an
annual review summary for the cumulative
management area.
(4) In consulting on the proposed amendment,
division 4, subdivision 2 applies to the proposed
amendment as if—
(a) a reference in that subdivision to an
underground water impact report or final
report were a reference to the proposed
amendment; and
(b) section 382(1) only required the office to
give a notice about the proposed amendment
to each owner of a water bore within the
area to which the report relates if the owner
would be affected by the proposed
amendment; and
(c) section 382(2) required the office to give a
copy of the notice to a holder of a CMA
tenure within the area, other than the holder
of a closing CMA tenure, only if the holder
would be affected by the proposed
amendment; and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
Section retrieval-0016 - Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment Bill 2025 - Document excerpt 16 | Zoe
Page 180
Authorised by the Parliamentary Counsel
[s 193]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 15 Amendment of Water Act 2000
(d) a reference in section 382(3)(e) to the day
the notice is published were a reference to
the day the notice mentioned in paragraph
(b) is given.
(5) In deciding whether to approve the proposed
amendment, division 5 applies to the chief
executive’s decision as if a reference in that
division to an underground water impact report or
final report were a reference to the proposed
amendment.
(6) The approved underground water impact report,
as amended, takes effect on the day the
amendment takes effect under section 385(6), as
applied under subsection (5).
(7) In this section—
annual review day, for a cumulative management
area, means the day on which the office is
required to give the chief executive, as mentioned
in section 376(1)(e)(ii), an annual review
summary for the area.
annual review summary, for a cumulative
management area, means a summary of the
outcome of an annual review, as mentioned in
section 376(1)(e)(i), in relation to the area.
last strategy update, for a cumulative
management area, means the most recent
approval or amendment of the baseline
assessment strategy for the area.
section 390A matter, in relation to a cumulative
management area, means a material change or
other matter of which the holder of a CMA tenure
is required under section 390A to give the office
notice.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Page 181
Authorised by the Parliamentary Counsel
[s 194]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 15 Amendment of Water Act 2000
194 Amendment of s 393 (Other amendments)
Section 393(1)(c), ‘section 391 or 392’—
omit, insert—
section 391, 392 or 392A
195 Insertion of new s 396A
Before section 397—
insert—
396A Application of division
This division does not apply in relation to a
resource tenure if—
(a) the tenure is a CMA tenure; or
(b) there are no water bores in the area of the
tenure.
196 Amendment of s 397 (Obligation to prepare baseline
assessment plan)
(1) Section 397(1)—
omit.
(2) Section 397(5), ‘subsection (4)(b)’—
omit, insert—
subsection (3)(b)
(3) Section 397(2) to (5)—
renumber as section 397(1) to (4).
197 Amendment of s 402 (Direction by chief executive to
undertake baseline assessment)
(1) Section 402(5), penalty, ‘for subsection (5)’—
omit.
Clause 1
2
3
4
Clause 5
6
7
8
9
10
11
12
13
Clause 14
15
16
17
18
19
20
21
22
Clause 23
24
25
26
Page 182
Authorised by the Parliamentary Counsel
[s 198]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 15 Amendment of Water Act 2000
(2) Section 402—
insert—
(6) The chief executive must give the office a copy of
a notice given to the holder under subsection (2).
198 Amendment of s 403 (Notice of intention to undertake
baseline assessment)
Section 403, after ‘give’—
insert—
the office and
199 Amendment of s 404 (Bore owner must give information)
Section 404(1), ‘under this part’—
omit, insert—
relating to baseline assessments
200 Amendment of s 415 (Notice of intention to undertake
bore assessment)
Section 415, after ‘give’—
insert—
the office and
201 Amendment of s 418 (Direction by chief executive to
undertake bore assessment)
(1) Section 418—
insert—
(6A) Subsection (8) applies if—
(a) the bore owner of a water bore applies for a
bore assessment notice under section
419B(2); and
1
2
3
4
Clause 5
6
7
8
9
Clause 10
11
12
13
Clause 14
15
16
17
18
Clause 19
20
21
22
23
24
25
26
Page 183
Authorised by the Parliamentary Counsel
[s 202]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 15 Amendment of Water Act 2000
(b) the chief executive gives a resource tenure
holder a notice under subsection (2) because
of the bore owner’s application; and
(c) the holder makes a submission to the chief
executive; and
(d) after considering the submission, the chief
executive decides not to give the holder a
notice under subsection (5).
(6B) The chief executive must give the bore owner and
the holder an information notice for the decision.
(6C) The chief executive must give the office a copy of
a notice given to the holder under subsection (2)
or (5).
(2) Section 418(6A) to (8)—
renumber as section 418(7) to (11).
202 Insertion of new ch 3, pt 5, div 2, sdiv 4
Chapter 3, part 5, division 2—
insert—
Subdivision 4 Application for bore
assessment notice
419A Definition for subdivision
In this subdivision—
bore assessment notice, for a water bore, means a
notice given to a resource tenure holder under
section 418(2) in relation to the water bore.
419B Application for bore assessment notice
(1) This section applies in relation to a water bore if a
make good agreement for the water bore has not
been entered into.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Clause 16
17
18
19
20
21
22
23
24
25
26
27
28
29
Page 184
Authorised by the Parliamentary Counsel
[s 202]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 15 Amendment of Water Act 2000
(2) The bore owner of the water bore may apply to the
chief executive for a bore assessment notice to be
given for the water bore.
(3) An application for a bore assessment notice for a
water bore must—
(a) be in writing; and
(b) include a copy of evidence to support the
application, including any evidence about
the capacity of the bore.
419C Decision on application
(1) The chief executive must, within the decision
period for an application for a bore assessment
notice for a water bore—
(a) consider the application; and
(b) decide whether to give the bore assessment
notice applied for.
(2) If the chief executive decides to give the bore
assessment notice for the water bore, the chief
executive must—
(a) give the bore assessment notice, in
accordance with section 418, to the resource
tenure holder to whom the chief executive
decides to give the notice; and
(b) give notice of the decision to the applicant.
(3) If the chief executive decides not to give the bore
assessment notice for the water bore, the chief
executive must give the applicant an information
notice for the decision.
(4) In this section—
decision period, for an application for a bore
assessment notice for a water bore, means—
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Page 185
Authorised by the Parliamentary Counsel
[s 203]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 15 Amendment of Water Act 2000
(a) the period of 60 business days after the chief
executive receives the application; or
(b) if the applicant agrees to a longer
period—the longer period.
203 Amendment of s 420 (What is a make good agreement for
a water bore)
(1) Section 420—
insert—
(1A) However, an agreement is a make good
agreement only to the extent it provides for the
matters mentioned in subsection (1)(b).
(2) Section 420(1A) and (2)—
renumber as section 420(2) and (3).
204 Amendment of s 423 (Requirement to enter into make
good agreement and reimburse bore owner)
(1) Section 423, heading—
omit, insert—
423 Requirements about entering into make good
agreement
(2) Section 423(3)—
omit, insert—
(3) 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.
(3) Section 423—
insert—
(4A) Also, if the holder enters into a make good
agreement for the bore, the holder must, within 20
1
2
3
4
Clause 5
6
7
8
9
10
11
12
13
Clause 14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Page 186
Authorised by the Parliamentary Counsel
[s 205]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 15 Amendment of Water Act 2000
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.
(4) Section 423(4A) and (5)—
renumber as section 423(5) and (6).
205 Insertion of new ch 3, pt 5, div 5
Chapter 3, part 5—
insert—
Division 5 Regular reporting about
make good obligations
437B Regular reporting to office
(1) A responsible tenure holder for make good
obligations for a water bore must, by 31 October
each year, give the office notice about the matters
mentioned in subsection (2) for the most recently
ended reporting period.
Maximum penalty—500 penalty units.
(2) The matters are the following—
(a) if the responsible tenure holder has not
entered into a make good agreement with
the bore owner of the water bore as required
under division 3—an update on the steps
taken to enter into the agreement;
(b) if the responsible tenure holder has entered
into a make good agreement with the bore
owner of the water bore—
(i) whether the bore has or is likely to
have an impaired capacity; and
1
2
3
4
5
6
Clause 7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Page 187
Authorised by the Parliamentary Counsel
[s 206]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 15 Amendment of Water Act 2000
(ii) if the bore has or is likely to have an
impaired capacity—
(A) the make good measures for the
bore to be taken by the holder; and
(B) an update on the make good
measures for the bore taken by the
holder.
(3) In giving the office a notice under this section, the
responsible tenure holder must not include
information about any monetary amounts given or
to be given to the bore owner of the water bore.
(4) In this section—
reporting period means the period from 1 October
until the next 30 September.
206 Insertion of new ch 3, pt 9
Chapter 3—
insert—
Part 9 Information requests
by manager
454A Obtaining information from resource tenure
holders about compliance with make good
obligations
(1) The manager may give a resource tenure holder a
notice requesting information about compliance
by the holder with the holder’s make good
obligations for a water bore.
(2) The notice must state how, and a reasonable
period of at least 20 business days by which, the
information must be given.
(3) The resource tenure holder must comply with the
notice, unless the holder has a reasonable excuse.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
Clause 15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Page 188
Authorised by the Parliamentary Counsel
[s 207]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 15 Amendment of Water Act 2000
Maximum penalty—200 penalty units.
(4) If the resource tenure holder is an individual, it is
a reasonable excuse not to comply with the notice
if complying with the notice might tend to
incriminate the holder.
(5) If a person (the first person) who is a resource
tenure holder has nominated or specified another
person (the nominated person) for service under
a relevant provision, the notice is taken to have
been given to the first person if it is given to the
nominated person.
(6) In this section—
relevant provision means—
(a) for a resource tenure holder who is the
holder of a mineral development
licence—the Mineral Resources Act,
section 183(1)(c); or
(b) for a resource tenure holder who is the
holder of a mining lease—the Mineral
Resources Act, section 245(1)(c); or
(c) for a resource tenure holder who is the
holder of a 1923 Act petroleum tenure under
the Petroleum Act 1923—the Petroleum Act
1923, section 129; or
(d) for a resource tenure holder who is the
holder of a petroleum tenure under the
Petroleum and Gas Act—the Petroleum and
Gas Act, section 852.
207 Amendment of s 479 (Annual levy for underground water
management)
(1) Section 479, heading, ‘for underground water management’—
omit.
(2) Section 479(4)(a), ‘under chapter 3’—
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Clause 29
30
31
32
33
Page 189
Authorised by the Parliamentary Counsel
[s 208]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 15 Amendment of Water Act 2000
omit.
208 Insertion of new s 482A
Before section 483—
insert—
482A Definition for part
In this part—
personal information see the Information
Privacy Act 2009, section 12.
209 Amendment of s 483 (Public access to database)
(1) Section 483(2), after ‘sensitive’—
insert—
or personal information about an individual
(2) Section 483(3)(a), ‘and’—
omit, insert—
or
(3) Section 483(3)(b), after ‘details’—
insert—
contained in the publicly available part of the
database
210 Amendment of s 484 (Resource tenure holder access to
information)
Section 484(1), ‘this chapter’—
omit, insert—
chapter 3
1
Clause 2
3
4
5
6
7
8
Clause 9
10
11
12
13
14
15
16
17
18
19
Clause 20
21
22
23
24
Page 190
Authorised by the Parliamentary Counsel
[s 211]
Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment
Bill 2025
Part 15 Amendment of Water Act 2000
211 Amendment of s 485 (Chief executive’s access to
information)
Section 485, after ‘sensitive’—
insert—
or personal information about an individual
212 Insertion of new ch 9, pt 15
Chapter 9—
insert—
Part 15 Transitional provisions
for Environmental
Protection (Efficiency
and Streamlining) and
Other Legislation
Amendment Act 2025
1311 Definitions for part
In this part—
amendment Act means the Environmental
Protection (Efficiency and Streamlining) and
Other Legislation Amendment Act 2025.
former, in relation to a provision of this Act,
means the provision as in force from time to time
before the commencement.
new, in relation to a provision of this Act, means
the provision as in force from the commencement.
1312 Application of former ss 370 and 376 for
particular underground water impact reports
(1) This section applies in relation to—
Clause 1
2
3
4
5
Clause 6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27