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Water Act 2000
sec.376Content of underground water impact report
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### sec.376 Content of underground water impact report
An underground water impact report must include each of the following—
for the area to which the report relates—
the quantity of water produced or taken from the area because of the exercise of any previous relevant underground water rights; and
If the report is prepared by a mining tenure holder before it exercises its underground water rights, the quantity of water produced or taken from the area would be shown in the report as zero.
an estimate of the quantity of water to be produced or taken because of the exercise of the relevant underground water rights for a 3-year period starting on the consultation day for the report;
for each aquifer affected, or likely to be affected, by the exercise of the relevant underground water rights—
a description of the aquifer; and
an analysis of the movement of underground water to and from the aquifer, including how the aquifer interacts with other aquifers; and
an analysis of the trends in water level change for the aquifer because of the exercise of the rights mentioned in paragraph (a) (i) ; and
a map showing the area of the aquifer where the water level is predicted to decline, because of the taking of the quantities of water mentioned in paragraph (a) , by more than the bore trigger threshold within 3 years after the consultation day for the report; and
a map showing the area of the aquifer where the water level is predicted to decline, because of the exercise of relevant underground water rights, by more than the bore trigger threshold at any time;
If the underground water impact report or final report is approved, the mapped areas mentioned in subparagraphs (iv) and (v) establish immediately affected and long-term affected areas under section 387 .
a description of the methods and techniques used to obtain the information and predictions under paragraph (b) ;
a summary of information about all water bores in the area shown on a map mentioned in paragraph (b) (iv) , including the number of bores, and the location and authorised use or purpose of each bore;
a description of the impacts on environmental values that have occurred, or are likely to occur, because of any previous exercise of underground water rights;
an assessment of the likely impacts on environmental values that will occur, or are likely to occur, because of the exercise of underground water rights—
during the period mentioned in paragraph (a) (ii) ; and
over the projected life of the resource tenure;
a program for—
conducting an annual review of the accuracy of each map prepared under paragraph (b) (iv) and (v) ; and
giving the chief executive a summary of the outcome of each review, including a statement of whether there has been a material change in the information or predictions used to prepare the maps;
a water monitoring strategy;
a spring impact management strategy;
if the responsible entity is the office—
a proposed responsible tenure holder for each report obligation mentioned in the report; and
for each immediately affected area—the proposed responsible tenure holder or holders who must comply with any make good obligations for water bores within the immediately affected area;
other information or matters prescribed under a regulation.
However, if the underground water impact report does not show any predicted water level decline in any area of an affected aquifer by more than the bore trigger threshold during the period mentioned in subsection (1) (b) (iv) or at any time as mentioned in subsection (1) (b) (v) , the report does not have to include the program mentioned in subsection (1) (e) .
In this section—
environmental value see the Environmental Protection Act 1994 , section 9 .
s 376 prev s 376 amd 2001 No. 75 s 65 ; 2003 No. 25 s 95
om 2008 No. 34 s 714
pres s 376 ins 2010 No. 53 s 195
amd 2012 No. 39 s 58 ; 2014 No. 64 s 87 (amd 2016 No. 61 s 33 )
(sec.376-ssec.1) An underground water impact report must include each of the following— for the area to which the report relates— the quantity of water produced or taken from the area because of the exercise of any previous relevant underground water rights; and If the report is prepared by a mining tenure holder before it exercises its underground water rights, the quantity of water produced or taken from the area would be shown in the report as zero. an estimate of the quantity of water to be produced or taken because of the exercise of the relevant underground water rights for a 3-year period starting on the consultation day for the report; for each aquifer affected, or likely to be affected, by the exercise of the relevant underground water rights— a description of the aquifer; and an analysis of the movement of underground water to and from the aquifer, including how the aquifer interacts with other aquifers; and an analysis of the trends in water level change for the aquifer because of the exercise of the rights mentioned in paragraph (a) (i) ; and a map showing the area of the aquifer where the water level is predicted to decline, because of the taking of the quantities of water mentioned in paragraph (a) , by more than the bore trigger threshold within 3 years after the consultation day for the report; and a map showing the area of the aquifer where the water level is predicted to decline, because of the exercise of relevant underground water rights, by more than the bore trigger threshold at any time; If the underground water impact report or final report is approved, the mapped areas mentioned in subparagraphs (iv) and (v) establish immediately affected and long-term affected areas under section 387 . a description of the methods and techniques used to obtain the information and predictions under paragraph (b) ; a summary of information about all water bores in the area shown on a map mentioned in paragraph (b) (iv) , including the number of bores, and the location and authorised use or purpose of each bore; a description of the impacts on environmental values that have occurred, or are likely to occur, because of any previous exercise of underground water rights; an assessment of the likely impacts on environmental values that will occur, or are likely to occur, because of the exercise of underground water rights— during the period mentioned in paragraph (a) (ii) ; and over the projected life of the resource tenure; a program for— conducting an annual review of the accuracy of each map prepared under paragraph (b) (iv) and (v) ; and giving the chief executive a summary of the outcome of each review, including a statement of whether there has been a material change in the information or predictions used to prepare the maps; a water monitoring strategy; a spring impact management strategy; if the responsible entity is the office— a proposed responsible tenure holder for each report obligation mentioned in the report; and for each immediately affected area—the proposed responsible tenure holder or holders who must comply with any make good obligations for water bores within the immediately affected area; other information or matters prescribed under a regulation.
(sec.376-ssec.2) However, if the underground water impact report does not show any predicted water level decline in any area of an affected aquifer by more than the bore trigger threshold during the period mentioned in subsection (1) (b) (iv) or at any time as mentioned in subsection (1) (b) (v) , the report does not have to include the program mentioned in subsection (1) (e) .
(sec.376-ssec.3) In this section— environmental value see the Environmental Protection Act 1994 , section 9 .
- (a) for the area to which the report relates— (i) the quantity of water produced or taken from the area because of the exercise of any previous relevant underground water rights; and Example for paragraph (a) (i) — If the report is prepared by a mining tenure holder before it exercises its underground water rights, the quantity of water produced or taken from the area would be shown in the report as zero. (ii) an estimate of the quantity of water to be produced or taken because of the exercise of the relevant underground water rights for a 3-year period starting on the consultation day for the report;
- (i) the quantity of water produced or taken from the area because of the exercise of any previous relevant underground water rights; and Example for paragraph (a) (i) — If the report is prepared by a mining tenure holder before it exercises its underground water rights, the quantity of water produced or taken from the area would be shown in the report as zero.
- (ii) an estimate of the quantity of water to be produced or taken because of the exercise of the relevant underground water rights for a 3-year period starting on the consultation day for the report;
- (b) for each aquifer affected, or likely to be affected, by the exercise of the relevant underground water rights— (i) a description of the aquifer; and (ii) an analysis of the movement of underground water to and from the aquifer, including how the aquifer interacts with other aquifers; and (iii) an analysis of the trends in water level change for the aquifer because of the exercise of the rights mentioned in paragraph (a) (i) ; and (iv) a map showing the area of the aquifer where the water level is predicted to decline, because of the taking of the quantities of water mentioned in paragraph (a) , by more than the bore trigger threshold within 3 years after the consultation day for the report; and (v) a map showing the area of the aquifer where the water level is predicted to decline, because of the exercise of relevant underground water rights, by more than the bore trigger threshold at any time; Note— If the underground water impact report or final report is approved, the mapped areas mentioned in subparagraphs (iv) and (v) establish immediately affected and long-term affected areas under section 387 .
- (i) a description of the aquifer; and
- (ii) an analysis of the movement of underground water to and from the aquifer, including how the aquifer interacts with other aquifers; and
- (iii) an analysis of the trends in water level change for the aquifer because of the exercise of the rights mentioned in paragraph (a) (i) ; and
- (iv) a map showing the area of the aquifer where the water level is predicted to decline, because of the taking of the quantities of water mentioned in paragraph (a) , by more than the bore trigger threshold within 3 years after the consultation day for the report; and
- (v) a map showing the area of the aquifer where the water level is predicted to decline, because of the exercise of relevant underground water rights, by more than the bore trigger threshold at any time; Note— If the underground water impact report or final report is approved, the mapped areas mentioned in subparagraphs (iv) and (v) establish immediately affected and long-term affected areas under section 387 .
- (c) a description of the methods and techniques used to obtain the information and predictions under paragraph (b) ;
- (d) a summary of information about all water bores in the area shown on a map mentioned in paragraph (b) (iv) , including the number of bores, and the location and authorised use or purpose of each bore;
- (da) a description of the impacts on environmental values that have occurred, or are likely to occur, because of any previous exercise of underground water rights;
- (db) an assessment of the likely impacts on environmental values that will occur, or are likely to occur, because of the exercise of underground water rights— (i) during the period mentioned in paragraph (a) (ii) ; and (ii) over the projected life of the resource tenure;
- (i) during the period mentioned in paragraph (a) (ii) ; and
- (ii) over the projected life of the resource tenure;
- (e) a program for— (i) conducting an annual review of the accuracy of each map prepared under paragraph (b) (iv) and (v) ; and (ii) giving the chief executive a summary of the outcome of each review, including a statement of whether there has been a material change in the information or predictions used to prepare the maps;
- (i) conducting an annual review of the accuracy of each map prepared under paragraph (b) (iv) and (v) ; and
- (ii) giving the chief executive a summary of the outcome of each review, including a statement of whether there has been a material change in the information or predictions used to prepare the maps;
- (f) a water monitoring strategy;
- (g) a spring impact management strategy;
- (h) if the responsible entity is the office— (i) a proposed responsible tenure holder for each report obligation mentioned in the report; and (ii) for each immediately affected area—the proposed responsible tenure holder or holders who must comply with any make good obligations for water bores within the immediately affected area;
- (i) a proposed responsible tenure holder for each report obligation mentioned in the report; and
- (ii) for each immediately affected area—the proposed responsible tenure holder or holders who must comply with any make good obligations for water bores within the immediately affected area;
- (i) other information or matters prescribed under a regulation.
- (i) the quantity of water produced or taken from the area because of the exercise of any previous relevant underground water rights; and Example for paragraph (a) (i) — If the report is prepared by a mining tenure holder before it exercises its underground water rights, the quantity of water produced or taken from the area would be shown in the report as zero.
- (ii) an estimate of the quantity of water to be produced or taken because of the exercise of the relevant underground water rights for a 3-year period starting on the consultation day for the report;
- (i) a description of the aquifer; and
- (ii) an analysis of the movement of underground water to and from the aquifer, including how the aquifer interacts with other aquifers; and
- (iii) an analysis of the trends in water level change for the aquifer because of the exercise of the rights mentioned in paragraph (a) (i) ; and
- (iv) a map showing the area of the aquifer where the water level is predicted to decline, because of the taking of the quantities of water mentioned in paragraph (a) , by more than the bore trigger threshold within 3 years after the consultation day for the report; and
- (v) a map showing the area of the aquifer where the water level is predicted to decline, because of the exercise of relevant underground water rights, by more than the bore trigger threshold at any time; Note— If the underground water impact report or final report is approved, the mapped areas mentioned in subparagraphs (iv) and (v) establish immediately affected and long-term affected areas under section 387 .
- (i) during the period mentioned in paragraph (a) (ii) ; and
- (ii) over the projected life of the resource tenure;
- (i) conducting an annual review of the accuracy of each map prepared under paragraph (b) (iv) and (v) ; and
- (ii) giving the chief executive a summary of the outcome of each review, including a statement of whether there has been a material change in the information or predictions used to prepare the maps;
- (i) a proposed responsible tenure holder for each report obligation mentioned in the report; and
- (ii) for each immediately affected area—the proposed responsible tenure holder or holders who must comply with any make good obligations for water bores within the immediately affected area;