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Petroleum and Gas (Production and Safety) Act 2004
sec.186Underground water rights—limited additional rights
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### sec.186 Underground water rights—limited additional rights
This section applies to the holder of a petroleum tenure until—
if the area of the tenure is in the area declared by gazette notice under the Water Act on 18 March 2011 to be a cumulative management area and referred to as the Surat Cumulative Management Area—the day 5 years after the commencement of this section; or
if paragraph (a) does not apply—the day 2 years after the commencement of this section; or
a water licence or water permit is granted to take or interfere with underground water under the Water Act , section 1277 .
The holder of a petroleum tenure may take or interfere with underground water in the area of the tenure for use in the carrying out of another authorised activity for the tenure.
After the relevant period provided for under subsection (1) ends, the holder must be authorised under the Water Act to take or interfere with the water.
The rights under subsection (2) are—
also underground water rights for the petroleum tenure; and
subject to the tenure holder complying with the holder’s underground water obligations.
The holder must, in accordance with the requirements prescribed by regulation, measure and report the volume of water taken under subsection (2) to the chief executive.
Maximum penalty—500 penalty units.
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 .
cumulative management area see the Water Act , schedule 4 .
s 186 prev s 186 amd 2011 No. 2 ss 121 , 122 sch
om 2013 No. 23 s 170
pres s 186 ins 2014 No. 64 s 15
(sec.186-ssec.1) This section applies to the holder of a petroleum tenure until— if the area of the tenure is in the area declared by gazette notice under the Water Act on 18 March 2011 to be a cumulative management area and referred to as the Surat Cumulative Management Area—the day 5 years after the commencement of this section; or if paragraph (a) does not apply—the day 2 years after the commencement of this section; or a water licence or water permit is granted to take or interfere with underground water under the Water Act , section 1277 .
(sec.186-ssec.2) The holder of a petroleum tenure may take or interfere with underground water in the area of the tenure for use in the carrying out of another authorised activity for the tenure. After the relevant period provided for under subsection (1) ends, the holder must be authorised under the Water Act to take or interfere with the water.
(sec.186-ssec.3) The rights under subsection (2) are— also underground water rights for the petroleum tenure; and subject to the tenure holder complying with the holder’s underground water obligations.
(sec.186-ssec.4) The holder must, in accordance with the requirements prescribed by regulation, measure and report the volume of water taken under subsection (2) to the chief executive. Maximum penalty—500 penalty units.
(sec.186-ssec.5) 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 . cumulative management area see the Water Act , schedule 4 .
- (a) if the area of the tenure is in the area declared by gazette notice under the Water Act on 18 March 2011 to be a cumulative management area and referred to as the Surat Cumulative Management Area—the day 5 years after the commencement of this section; or
- (b) if paragraph (a) does not apply—the day 2 years after the commencement of this section; or
- (c) a water licence or water permit is granted to take or interfere with underground water under the Water Act , section 1277 .
- (a) also underground water rights for the petroleum tenure; and
- (b) subject to the tenure holder complying with the holder’s underground water obligations.