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Water Act 1992
60ALicence to take groundwater for hydraulic fracturing
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60A Licence to take groundwater for hydraulic fracturing
(1) This section applies in relation to an application for a licence, or a
licence proposed to be granted on the Controller's own initiative, to
take water from a bore if:
(a) the proposed beneficial use of water under the licence is
petroleum activity that includes hydraulic fracturing; and
(b) one or more designated bores are located within 1 km of the
bore.
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(2) The Controller must not grant the licence unless:
(a) the owner of each designated bore mentioned in
subsection (1)(b) consents to the grant of the licence; or
(b) the Controller is satisfied that hydrogeological investigations
and groundwater modelling indicate that the activities under
the licence will not have any adverse effect on the supply of
water to any designated bore mentioned in subsection (1)(b).
designated bore means any of the following:
(a) a bore used for rural stock and domestic beneficial use;
(b) a bore in relation to which a water extraction licence has been
granted;
(ba) a bore in relation to which a licence was granted under
Part 6B;
(c) a proposed bore in relation to which the Controller has
received but not yet decided an application for a bore work
permit under section 57(1) that is proposed to be used for:
(i) rural stock and domestic beneficial use; or
(ii) a use that requires the grant of a water extraction licence
or a licence under Part 6B;
(d) a proposed bore in relation to which a bore work permit under
section 57(1) is in force that is proposed to be used for:
(i) rural stock and domestic beneficial use; or
(ii) a use that requires the grant of a water extraction licence
or a licence under Part 6B.
owner, of a designated bore, means:
(a) if a permit or licence under this Act is in force in relation to the
bore – the holder of the permit or licence; or
(b) if the designated bore is a proposed bore in relation to which
the Controller has received an application under
section 57(1) – the person who has made the application to
construct the bore; or
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(c) if a bore exists but there is no permit or licence under this Act
in force in relation to the bore – the person who uses or
maintains the bore.