sec.1250DApplying for an associated water licence

### sec.1250D Applying for an associated water licence The entity who is or will be the holder of a mining tenure to which this division applies may apply to the chief executive for an associated water licence. The application must include sufficient information to address the criteria mentioned in section 1250E(c) to (i). The application must be accompanied by the same fee prescribed by regulation for an application for a water licence. Sections 111 and 112, other than section 112(2), apply to the application as if— a reference in the sections to an application for a water licence were a reference to an application for an associated water licence; and a reference in the sections to an applicant for a water licence were a reference to an applicant for an associated water licence. However, section 112(1) and (3) does not apply to the application if— the chief executive is satisfied the impacts on underground water in relation to the mining tenure— were assessed in an EIS under the Environmental Protection Act 1994 or the State Development and Public Works Organisation Act 1971 ; and were subject to consideration in a Land Court hearing in which objectors led expert evidence on the impacts on underground water, and the Land Court outcome on the mining activities application did not specify any impediments, relating to taking or interfering with underground water, to the granting of the mining activities application; and the Land Court outcome mentioned in paragraph (a)(ii) was given before 13 September 2016. In this section— Land Court outcome , on an application, means— an objections decision of the Land Court under the Environmental Protection Act 1994 for the application; or a recommendation on the application made by the Land Court under the Mineral Resources Act. mining activities application means— the application for the mining tenure; or the application for an environmental authority in relation to the mining tenure. See also section 1306. s 1250D ins 2014 No. 64 s 201 (amd 2016 No. 61 s 36 (2) ) amd 2023 No. 24 s 30 (sec.1250D-ssec.1) The entity who is or will be the holder of a mining tenure to which this division applies may apply to the chief executive for an associated water licence. (sec.1250D-ssec.2) The application must include sufficient information to address the criteria mentioned in section 1250E(c) to (i). (sec.1250D-ssec.3) The application must be accompanied by the same fee prescribed by regulation for an application for a water licence. (sec.1250D-ssec.4) Sections 111 and 112, other than section 112(2), apply to the application as if— a reference in the sections to an application for a water licence were a reference to an application for an associated water licence; and a reference in the sections to an applicant for a water licence were a reference to an applicant for an associated water licence. (sec.1250D-ssec.5) However, section 112(1) and (3) does not apply to the application if— the chief executive is satisfied the impacts on underground water in relation to the mining tenure— were assessed in an EIS under the Environmental Protection Act 1994 or the State Development and Public Works Organisation Act 1971 ; and were subject to consideration in a Land Court hearing in which objectors led expert evidence on the impacts on underground water, and the Land Court outcome on the mining activities application did not specify any impediments, relating to taking or interfering with underground water, to the granting of the mining activities application; and the Land Court outcome mentioned in paragraph (a)(ii) was given before 13 September 2016. (sec.1250D-ssec.6) In this section— Land Court outcome , on an application, means— an objections decision of the Land Court under the Environmental Protection Act 1994 for the application; or a recommendation on the application made by the Land Court under the Mineral Resources Act. mining activities application means— the application for the mining tenure; or the application for an environmental authority in relation to the mining tenure. - (a) a reference in the sections to an application for a water licence were a reference to an application for an associated water licence; and - (b) a reference in the sections to an applicant for a water licence were a reference to an applicant for an associated water licence. - (a) the chief executive is satisfied the impacts on underground water in relation to the mining tenure— (i) were assessed in an EIS under the Environmental Protection Act 1994 or the State Development and Public Works Organisation Act 1971 ; and (ii) were subject to consideration in a Land Court hearing in which objectors led expert evidence on the impacts on underground water, and the Land Court outcome on the mining activities application did not specify any impediments, relating to taking or interfering with underground water, to the granting of the mining activities application; and - (i) were assessed in an EIS under the Environmental Protection Act 1994 or the State Development and Public Works Organisation Act 1971 ; and - (ii) were subject to consideration in a Land Court hearing in which objectors led expert evidence on the impacts on underground water, and the Land Court outcome on the mining activities application did not specify any impediments, relating to taking or interfering with underground water, to the granting of the mining activities application; and - (b) the Land Court outcome mentioned in paragraph (a)(ii) was given before 13 September 2016. - (i) were assessed in an EIS under the Environmental Protection Act 1994 or the State Development and Public Works Organisation Act 1971 ; and - (ii) were subject to consideration in a Land Court hearing in which objectors led expert evidence on the impacts on underground water, and the Land Court outcome on the mining activities application did not specify any impediments, relating to taking or interfering with underground water, to the granting of the mining activities application; and - (a) an objections decision of the Land Court under the Environmental Protection Act 1994 for the application; or - (b) a recommendation on the application made by the Land Court under the Mineral Resources Act. - (a) the application for the mining tenure; or - (b) the application for an environmental authority in relation to the mining tenure.