sec.394AApplication of pt 3

### sec.394A Application of pt 3 This part does not apply to the holder of a mineral development licence or mining lease who takes or interferes with underground water in the area of the licence or lease if subsection (2) or (3) applies. This subsection applies if— the holder of the mineral development licence or mining lease is authorised, under a water licence or water permit, to take or interfere with underground water in the area of the licence or lease; and the taking or interference happens during the course of, or results from, the carrying out of an authorised activity for the licence or lease. This subsection applies if— immediately before the commencement of this section, the holder of the mineral development licence or mining lease was otherwise lawfully entitled to take or interfere with underground water in the area of the licence or lease; and after the commencement— the holder takes or interferes with water during the course of, or as the result of, the carrying out of an authorised activity for the licence or lease; and had the taking or interference mentioned in subparagraph (i) occurred before the commencement, the holder would have been authorised to take or interfere with the water in connection with the activity. However, this part does apply to the holder of a mineral development licence or mining lease mentioned in subsection (1) if the chief executive decides, having regard to the impact considerations relating to the holder, that this part applies to the holder. The chief executive must give a holder mentioned in subsection (4) — a notice advising the holder that this part applies to the holder and a stated reasonable time within which the holder must give the chief executive a baseline assessment plan under section 397 ; and an information notice about the decision. s 394A ins 2014 No. 64 s 99 (sec.394A-ssec.1) This part does not apply to the holder of a mineral development licence or mining lease who takes or interferes with underground water in the area of the licence or lease if subsection (2) or (3) applies. (sec.394A-ssec.2) This subsection applies if— the holder of the mineral development licence or mining lease is authorised, under a water licence or water permit, to take or interfere with underground water in the area of the licence or lease; and the taking or interference happens during the course of, or results from, the carrying out of an authorised activity for the licence or lease. (sec.394A-ssec.3) This subsection applies if— immediately before the commencement of this section, the holder of the mineral development licence or mining lease was otherwise lawfully entitled to take or interfere with underground water in the area of the licence or lease; and after the commencement— the holder takes or interferes with water during the course of, or as the result of, the carrying out of an authorised activity for the licence or lease; and had the taking or interference mentioned in subparagraph (i) occurred before the commencement, the holder would have been authorised to take or interfere with the water in connection with the activity. (sec.394A-ssec.4) However, this part does apply to the holder of a mineral development licence or mining lease mentioned in subsection (1) if the chief executive decides, having regard to the impact considerations relating to the holder, that this part applies to the holder. (sec.394A-ssec.5) The chief executive must give a holder mentioned in subsection (4) — a notice advising the holder that this part applies to the holder and a stated reasonable time within which the holder must give the chief executive a baseline assessment plan under section 397 ; and an information notice about the decision. - (a) the holder of the mineral development licence or mining lease is authorised, under a water licence or water permit, to take or interfere with underground water in the area of the licence or lease; and - (b) the taking or interference happens during the course of, or results from, the carrying out of an authorised activity for the licence or lease. - (a) immediately before the commencement of this section, the holder of the mineral development licence or mining lease was otherwise lawfully entitled to take or interfere with underground water in the area of the licence or lease; and - (b) after the commencement— (i) the holder takes or interferes with water during the course of, or as the result of, the carrying out of an authorised activity for the licence or lease; and (ii) had the taking or interference mentioned in subparagraph (i) occurred before the commencement, the holder would have been authorised to take or interfere with the water in connection with the activity. - (i) the holder takes or interferes with water during the course of, or as the result of, the carrying out of an authorised activity for the licence or lease; and - (ii) had the taking or interference mentioned in subparagraph (i) occurred before the commencement, the holder would have been authorised to take or interfere with the water in connection with the activity. - (i) the holder takes or interferes with water during the course of, or as the result of, the carrying out of an authorised activity for the licence or lease; and - (ii) had the taking or interference mentioned in subparagraph (i) occurred before the commencement, the holder would have been authorised to take or interfere with the water in connection with the activity. - (a) a notice advising the holder that this part applies to the holder and a stated reasonable time within which the holder must give the chief executive a baseline assessment plan under section 397 ; and - (b) an information notice about the decision.