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(a) a cumulative management area declared
before the commencement; or
(b) a resource tenure other than a CMA tenure if
the start day for the tenure, or the day the
tenure was last renewed, was before the
commencement.
(2) Subsections (3) and (4) apply if, before the
commencement, an underground water impact
report (the pre-commencement report) relating to
the cumulative management area or resource
tenure was given to the chief executive under
former section 370 but had not been approved
under section 385.
(3) Former section 370 applies, as if the amendment
Act had not been enacted, in relation to—
(a) the pre-commencement report; and
(b) the first underground water impact report in
relation to the cumulative management area
or resource tenure given after the
commencement.
(4) Also, former section 376 applies, as if the
amendment Act had not been enacted, in relation
to the pre-commencement report.
(5) If the circumstances mentioned in subsection (2)
do not apply, former section 370 applies, as if the
amendment Act had not been enacted, in relation
to the first underground water impact report in
relation to the cumulative management area or
resource tenure given after the commencement.
1313 Application of new s 370B(5) in relation to
report amended after commencement
(1) This section applies if—
(a) before the commencement, the chief
executive—
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(i) required a responsible entity to amend
an existing report, within the meaning
of former section 370B, under former
section 392; and
(ii) had not approved the amendment to the
report; and
(b) after the commencement, the report, as
amended, indicates a decline in the water
level of an aquifer affected, or likely to be
affected, because of the exercise of the
underground water rights.
(2) New section 370B(5) applies to the responsible
entity.
1314 Application of new s 390A in relation to
existing underground water impact report
New section 390A does not apply in relation to an
underground water impact report to which section
1315 applies until an amendment of the report
takes effect under section 1315.
1315 Amendment of existing underground water
impact report to include baseline assessment
strategy
(1) This section applies in relation to an underground
water impact report relating to a cumulative
management area that—
(a) was in effect immediately before the
commencement; or
(b) was given to the chief executive under
former section 370 and approved under
section 385 but had not taken effect before
the commencement; or
(c) was given to the chief executive under
former section 370 but had not been
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approved under section 385 before the
commencement.
(2) The office must, before the first annual review
day for the cumulative management area, do both
of the following in relation to the report—
(a) propose an amendment of the report to
include a baseline assessment strategy;
(b) consult on the proposed amendment in the
way required under 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 the
first annual review summary for the cumulative
management area.
(4) In consulting on the proposed amendment,
chapter 3, part 2, division 4, subdivision 2 applies
to the proposed amendment as if a reference in
that subdivision to an underground water impact
report or final report were a reference to the
proposed amendment.
(5) In deciding whether to approve the proposed
amendment, new chapter 3, part 2, 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—
first annual review day, for a cumulative
management area, means the first day, not earlier
than 1 year after the day of the commencement,
on which the office is required to give the chief
executive, as mentioned in section 376(1)(e)(ii), a
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summary of the outcome of an annual review, as
mentioned in section 376(1)(e)(i), in relation to
the area.
first annual review summary, for a cumulative
management area, means the summary of the
outcome of the annual review mentioned in the
definition first annual review day.
1316 Application of new s 392A in relation to
existing underground water impact report
New section 392A does not apply in relation to an
underground water impact report to which section
1315 applies until an amendment of the report
takes effect under section 1315.
1317 Baseline assessment plans for CMA tenures
approved before commencement
(1) This section applies in relation to a baseline
assessment plan for a CMA tenure that had been
approved by the chief executive before the
commencement.
(2) The holder must give the office a copy of the
baseline assessment plan within 60 business days
after the day of the commencement.
(3) Also, the baseline assessment plan continues in
effect for the purposes of new chapter 3, part 3 as
if new section 396A(a) did not apply in relation to
the CMA tenure.
(4) Subsection (3) stops applying on the day an
amendment of the underground water impact
report for the cumulative management area takes
effect under section 1315.
Note—
See section 390 in relation to compliance by a resource
tenure holder with an approved underground water
impact report.
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1318 Baseline assessment plans for CMA tenures
given, but not approved, before
commencement
(1) This section applies if, before the
commencement—
(a) the holder of a CMA tenure had given the
chief executive a baseline assessment plan
for the area of the tenure; and
(b) the chief executive had not approved the
plan.
(2) New chapter 3, part 3 applies in relation to the
baseline assessment plan as if new section
396A(a) did not apply in relation to the CMA
tenure.
(3) Subsection (2) stops applying on the day an
amendment of the underground water impact
report for the cumulative management area takes
effect under section 1315.
Note—
See section 390 in relation to compliance by a resource
tenure holder with an approved underground water
impact report.
(4) Also, if the chief executive approves the baseline
assessment plan after the commencement, the
holder of the CMA tenure must give the office a
copy of the plan within 10 business days after
being given notice of the chief executive’s
decision to approve the plan.
1319 Make good agreements for water bores
entered into before commencement
(1) This section applies in relation to an agreement
entered into before the commencement that—
(a) was a make good agreement for a water
bore; and
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(b) included a matter (the other matter) other
than a matter mentioned in section
420(1)(b).
Example for paragraph (b)—
an agreement including a right of entry to the land
of the bore owner of a water bore for a matter
other than a matter mentioned in section 420(1)(b)
(2) To remove any doubt, it is declared that the
amendment of section 420 by the amendment Act
does not affect the inclusion of the other matter in
the agreement.
1320 Continuation of requirement to advise chief
executive of make good agreement entered
into before commencement
(1) This section applies if, before the
commencement—
(a) a responsible tenure holder entered into a
make good agreement for a water bore with
a bore owner; and
(b) the holder had not advised the chief
executive about the entering into of the
agreement under former section 423(3)(b).
(2) Former section 423(3)(b) continues to apply to the
holder as if the amendment Act had not been
enacted.
1321 Reporting period for first regular report after
commencement
(1) This section applies in relation to a notice
required to be given to the office under new
section 437B within 1 year after the day of the
commencement.
(2) New section 437B applies as if the reporting
period for the notice were the period starting on
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the day of the commencement and ending on the
next 30 September.
1322 Application of annual levy
(1) This section applies in relation to the annual levy
payable by resource tenure holders for—
(a) the financial year during which this section
commences; or
(b) the financial year immediately after the
financial year mentioned in paragraph (a).
(2) Former section 479 continues to apply for
working out the annual levy if—
(a) for the financial year mentioned in
subsection (1)(a)—before the
commencement, the annual levy for the year
had been worked out under former section
479; or
(b) for the financial year mentioned in
subsection (1)(b)—
(i) before the commencement, the annual
levy for the year had been worked out
under former section 479; or
(ii) the financial year starts within 6
months after the day of the
commencement.
(3) If subsection (2) does not apply in relation to the
financial year, new section 479 applies for
working out the annual levy.
213 Amendment of sch 4 (Dictionary)
Schedule 4—
insert—
baseline assessment strategy means a baseline
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assessment strategy that complies with section
379A.
bore assessment notice, for a water bore, for
chapter 3, part 5, division 2, subdivision 4, see
section 419A.
personal information, for chapter 3A, part 3, see
section 482A.
Part 16 Other amendments
214 Legislation amended
Schedule 1 amends the legislation it mentions.
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section 214
Part 1 Amendments commencing on
assent
Environmental Protection Act 1994
1 Section 52(1), note, ‘(Public access to draft terms of
reference or submitted EIS)’—
omit, insert—
(Public access to submitted EIS)
2 Chapter 3, part 1, division 4, subdivision 2, heading, from
‘and’—
omit.
3 Section 56AA(2) and (5), ‘or report’—
omit.
4 Section 141(2)(a), ‘section 46(1)’—
omit, insert—
section 46(2)
5 Section 165(2), ‘sections 166, 167 and 167A’—
omit, insert—
sections 166 and 167
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6 Section 232(1), ‘Section 136A and parts’—
omit, insert—
Parts
7 Section 369A(4), definition prescribed ground, paragraph
(b), ‘section 359(e)(ii), (iii), (iv), (v), (vi), (xii) or (xiii) or
(f)(i)’—
omit, insert—
section 359(e)(ii), (iii), (iv), (v), (vi), (xiii) or (xiv)
or (f)(i)
8 Section 579D(2), ‘section 316PE or’—
omit, insert—
section
Environmental Protection Regulation 2019
1 Section 7, heading, from ‘TOR notice’—
omit, insert—
EIS notice—Act, s 52
2 Section 7(1), ‘sections 42(2)(f) and 52(1)(g)’—
omit, insert—
section 52(1)(g)
3 Chapter 2, part 3, heading, ‘periods’—
omit, insert—
period
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4 Chapter 2, part 3, heading—
insert—
Note—
See section 837 of the Act in relation to the operation of
this part for an EIS mentioned in section 837(1) of the
Act.
5 Section 11—
omit.
6 Section 12, ‘section 46(1)’—
omit, insert—
section 46(2)
7 Section 12(a)—
omit, insert—
(a) 60 business days after the chief executive
gives the proponent written notice under
section 41A(5) of the Act;
8 Section 12(b), ‘20 business days’—
omit, insert—
60 business days
9 Section 144(3), ‘section 520(1)(x)’—
omit, insert—
section 520(1)(zb)
10 Chapter 10, part 1 and part 2, heading—
omit.
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11 Schedule 8A, section 2(3)—
omit.
12 Schedule 8A, section 2(4)—
renumber as schedule 8A, section 2(3).
Mineral Resources Act 1989
1 Schedule 2, definition underground water obligations,
paragraph (b), examples, after second dot point—
insert—
• complying with an approved underground
water impact report under section 390 of
that Act
Petroleum Act 1923
1 Section 2, definition underground water obligations,
paragraph (b), examples, after second dot point—
insert—
• complying with an approved underground
water impact report under section 390 of
that Act
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Petroleum and Gas (Production and Safety) Act 2004
1 Schedule 2, definition underground water obligations,
paragraph (b), examples, after second dot point—
insert—
• complying with an approved underground
water impact report under section 390 of
that Act
Water Act 2000
1 Section 362, definition report obligation, note, after
‘management strategy)’—
insert—
, 379A (Content of baseline assessment strategy)
2 Section 362, definition water level, paragraph (a), ‘was
tapped’—
omit, insert—
were tapped
3 Section 382(3)(d)(ii), second occurring—
renumber as section 382(3)(d)(iii).
4 Section 398, heading, after ‘timetable’—
insert—
for baseline assessment plan
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