sec.362Definitions for ch 3

### sec.362 Definitions for ch 3 In this chapter— authorised use or purpose , of water, means the use or purpose for which the taking of the water is authorised under this Act. baseline assessment see section 394 . bore owner , of a water bore, means the owner of the land on which the bore is located. bore trigger threshold , for an aquifer, means a decline in the water level in the aquifer that is— if a regulation prescribes the bore trigger threshold for an area in which the aquifer is situated—the prescribed threshold for the area; or otherwise— for a consolidated aquifer—5m; or for an unconsolidated aquifer—2m. closing CMA tenure means a CMA tenure for which the holder of the tenure— has given, before the cumulative management area for the tenure was declared, a notice of closure for the tenure; or gives, within 6 months after the cumulative management area for the tenure is declared, a notice of closure for the tenure. s 362 def closing CMA tenure sub 2014 No. 64 s 70 (1) – (2) CMA tenure means a resource tenure identified in a gazette notice declaring a cumulative management area under section 365 . s 362 def CMA tenure sub 2014 No. 64 s 70 (1) – (2) consolidated aquifer means an aquifer consisting predominantly of consolidated sediment. consultation day , for a proposed underground water impact report or final report, means the day a notice is first published about the proposed report under section 382 (1) . cumulative management area means an area declared by gazette notice under section 365 to be a cumulative management area. s 362 def cumulative management area ins 2014 No. 64 s 70 (2) final report , for a resource tenure, means a report for the tenure given to the chief executive under section 374 . s 362 def final report ins 2014 No. 64 s 70 (2) impact considerations , in relation to a resource tenure holder, means the following— the impacts, or likely impacts, of the exercise of the holder’s underground water rights on a water bore or spring; the location and area of the holder’s resource tenure; the holder’s water monitoring authorities; existing water monitoring infrastructure or equipment put in place by the holder; existing make good agreements entered into by the holder; existing agreements entered into by the holder with other resource tenure holders about managing the impacts of the exercise of underground water rights. s 362 def impact considerations amd 2014 No. 64 s 70 (3) make good obligations , of a resource tenure holder for a water bore, see section 409 . s 362 def make good obligations amd 2014 No. 64 s 70 (3) production testing means— for a petroleum tenure granted under the Petroleum and Gas Act — ATP production testing under section 71A of that Act; or if section 71A does not apply—PL production testing under section 150A of that Act; or for a 1923 Act petroleum tenure granted under the Petroleum Act 1923 —testing authorised under the petroleum tenure, for petroleum production in the area of the tenure. s 362 def production testing amd 2014 No. 64 s 254 sch 1 ; 2018 No. 24 s 261 relevant underground water rights means— in relation to an underground water impact report, the underground water rights of— if the report is for a cumulative management area—the holders of each CMA tenure within the area to which the report relates, other than the holder of a closing CMA tenure; or if the report is for a resource tenure—the holder of the resource tenure; or in relation to a final report for the end of a resource tenure—the underground water rights of the holder of the resource tenure. s 362 def relevant underground water rights amd 2014 No. 64 s 70 (3) report obligation means a requirement with which a responsible tenure holder must comply under an approved underground water impact report or final report. See, for example, sections 376 (Content of underground water impact report), 377 (Content of final report), 378 (Content of water monitoring strategy), 379 (Content of spring impact management strategy) and 390 (Compliance with approved reports). responsible entity see section 368 . responsible tenure holder see section 369 . start day , for a petroleum tenure, means— the earlier of the following— the day production testing starts in the area of the petroleum tenure; the day production of petroleum starts in the area of the petroleum tenure; or if production testing or production of petroleum has already started in the area of the tenure on the day this definition commences—the day this definition commences. unconsolidated aquifer means an aquifer other than a consolidated aquifer. underground water impact report means a report a responsible entity is obliged to give to the chief executive under section 370 . s 362 def underground water impact report ins 2014 No. 64 s 70 (2) underground water obligation , of a resource tenure holder, means a make good obligation of the holder for a water bore, or a report obligation for which the holder is the responsible tenure holder. s 362 def underground water obligation amd 2014 No. 64 s 70 (3) water level , of an aquifer, means— if the aquifer was tapped by an artesian bore—the level to which the water would rise naturally above the surface of the land at the location of the bore if the water was contained vertically above the surface of the land; or if the aquifer were tapped by a subartesian bore—the level of the water in the bore. s 362 def water level sub 2014 No. 64 s 70 (1) – (2) water monitoring bore means a water bore used for monitoring impacts on underground water caused by the exercise of underground water rights of resource tenure holders. s 362 def water monitoring bore amd 2014 No. 64 s 70 (3) s 362 prev s 362 om 2008 No. 34 s 714 pres s 362 ins 2010 No. 53 s 195 - (a) if a regulation prescribes the bore trigger threshold for an area in which the aquifer is situated—the prescribed threshold for the area; or - (b) otherwise— (i) for a consolidated aquifer—5m; or (ii) for an unconsolidated aquifer—2m. - (i) for a consolidated aquifer—5m; or - (ii) for an unconsolidated aquifer—2m. - (i) for a consolidated aquifer—5m; or - (ii) for an unconsolidated aquifer—2m. - (a) has given, before the cumulative management area for the tenure was declared, a notice of closure for the tenure; or - (b) gives, within 6 months after the cumulative management area for the tenure is declared, a notice of closure for the tenure. - (a) the impacts, or likely impacts, of the exercise of the holder’s underground water rights on a water bore or spring; - (b) the location and area of the holder’s resource tenure; - (c) the holder’s water monitoring authorities; - (d) existing water monitoring infrastructure or equipment put in place by the holder; - (e) existing make good agreements entered into by the holder; - (f) existing agreements entered into by the holder with other resource tenure holders about managing the impacts of the exercise of underground water rights. - (a) for a petroleum tenure granted under the Petroleum and Gas Act — (i) ATP production testing under section 71A of that Act; or (ii) if section 71A does not apply—PL production testing under section 150A of that Act; or - (i) ATP production testing under section 71A of that Act; or - (ii) if section 71A does not apply—PL production testing under section 150A of that Act; or - (b) for a 1923 Act petroleum tenure granted under the Petroleum Act 1923 —testing authorised under the petroleum tenure, for petroleum production in the area of the tenure. - (i) ATP production testing under section 71A of that Act; or - (ii) if section 71A does not apply—PL production testing under section 150A of that Act; or - (a) in relation to an underground water impact report, the underground water rights of— (i) if the report is for a cumulative management area—the holders of each CMA tenure within the area to which the report relates, other than the holder of a closing CMA tenure; or (ii) if the report is for a resource tenure—the holder of the resource tenure; or - (i) if the report is for a cumulative management area—the holders of each CMA tenure within the area to which the report relates, other than the holder of a closing CMA tenure; or - (ii) if the report is for a resource tenure—the holder of the resource tenure; or - (b) in relation to a final report for the end of a resource tenure—the underground water rights of the holder of the resource tenure. - (i) if the report is for a cumulative management area—the holders of each CMA tenure within the area to which the report relates, other than the holder of a closing CMA tenure; or - (ii) if the report is for a resource tenure—the holder of the resource tenure; or - (a) the earlier of the following— (i) the day production testing starts in the area of the petroleum tenure; (ii) the day production of petroleum starts in the area of the petroleum tenure; or - (i) the day production testing starts in the area of the petroleum tenure; - (ii) the day production of petroleum starts in the area of the petroleum tenure; or - (b) if production testing or production of petroleum has already started in the area of the tenure on the day this definition commences—the day this definition commences. - (i) the day production testing starts in the area of the petroleum tenure; - (ii) the day production of petroleum starts in the area of the petroleum tenure; or - (a) if the aquifer was tapped by an artesian bore—the level to which the water would rise naturally above the surface of the land at the location of the bore if the water was contained vertically above the surface of the land; or - (b) if the aquifer were tapped by a subartesian bore—the level of the water in the bore.