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Petroleum and Gas (Production and Safety) Act 2004
sec.185Underground water rights—general
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### sec.185 Underground water rights—general
The holder of a petroleum tenure may take or interfere with underground water in the area of the tenure if the taking or interference happens during the course of, or results from, the carrying out of another authorised activity for the tenure.
underground water necessarily or unavoidably taken during the drilling of a petroleum well or water observation bore
underground water necessarily or unavoidably taken during testing for petroleum production or petroleum production authorised under section 32 or 109
The rights under subsection (1) —
are the underground water rights for the petroleum tenure; and
are subject to the tenure holder complying with the holder’s underground water obligations.
There is no limit to the volume of water that may be taken under the underground water rights.
Underground water taken or interfered with, under subsection (1) , from a petroleum well is associated water .
The tenure holder may use associated water for any purpose and within or outside the area of the tenure.
In this section—
another authorised activity , for the petroleum tenure, means an authorised activity for the tenure under part 1 , division 1 or part 2 , division 1 .
s 185 amd 2010 No. 53 s 81 ; 2011 No. 2 ss 121 , 122 sch ; 2013 No. 23 s 169 ; 2014 No. 47 s 618 ; 2014 No. 64 s 14 ; 2018 No. 24 s 206
(sec.185-ssec.1) The holder of a petroleum tenure may take or interfere with underground water in the area of the tenure if the taking or interference happens during the course of, or results from, the carrying out of another authorised activity for the tenure. underground water necessarily or unavoidably taken during the drilling of a petroleum well or water observation bore underground water necessarily or unavoidably taken during testing for petroleum production or petroleum production authorised under section 32 or 109
(sec.185-ssec.2) The rights under subsection (1) — are the underground water rights for the petroleum tenure; and are subject to the tenure holder complying with the holder’s underground water obligations.
(sec.185-ssec.3) There is no limit to the volume of water that may be taken under the underground water rights.
(sec.185-ssec.4) Underground water taken or interfered with, under subsection (1) , from a petroleum well is associated water .
(sec.185-ssec.5) The tenure holder may use associated water for any purpose and within or outside the area of the tenure.
(sec.185-ssec.6) In this section— another authorised activity , for the petroleum tenure, means an authorised activity for the tenure under part 1 , division 1 or part 2 , division 1 .
- • underground water necessarily or unavoidably taken during the drilling of a petroleum well or water observation bore
- • underground water necessarily or unavoidably taken during testing for petroleum production or petroleum production authorised under section 32 or 109
- (a) are the underground water rights for the petroleum tenure; and
- (b) are subject to the tenure holder complying with the holder’s underground water obligations.