71RLicence to take water for mining or petroleum activity

71R Licence to take water for mining or petroleum activity (1) This section applies in relation to an application under section 45(1) or 60(1) for a licence to take water for a mining activity or petroleum activity if: (a) immediately before 1 July 2019 the person applying for the licence to take water was: (i) carrying out a mining activity or petroleum activity reliant on water on the land from which the person proposes to take water; and (ii) routinely taking surface water or water from a bore on the land for the mining activity or petroleum activity; and (b) from 1 July 2019 until the making of the application, the person applying for the licence to take water: (i) continued to carry out the mining activity or petroleum activity mentioned in paragraph (a)(i); and (ii) routinely took surface water or water from a bore on the land for the mining activity or petroleum activity; and

Water Act 1992 67 (c) in the case of an application in relation to a petroleum activity: (i) the petroleum activity is not related to hydraulic fracturing; and (ii) the petroleum activity is carried out in accordance with an environment management plan approved under the Petroleum Act 1984; and (d) in the case of an application in relation to a mining activity, the mining activity is carried out in accordance with: (i) until the commencement of the Environment Protection Legislation Amendment Act 2023, Part 4, a mining management plan approved under the Mining Management Act 2001; and (ii) on and after the commencement of the Environment Protection Legislation Amendment Act 2023, Part 4, a mining management plan forming part of a deemed mining licence as defined in section 303 of the Environment Protection Act 2019; and (e) the application is made within 2 years of the commencement. (2) The Controller may grant the licence on the application if is satisfied the requirements prescribed by regulation are met. (3) The Controller must decide the application in accordance with the procedure prescribed by regulation. (4) A decision on the application is not a decision to which Part 6A and section 90 apply. (5) Despite subsection (4), in making a decision on the application the Controller may have regard to the factors mentioned in section 90(1).