sec.402Direction by chief executive to undertake baseline assessment

### sec.402 Direction by chief executive to undertake baseline assessment This section applies to a water bore if the chief executive reasonably considers the bore is likely, in the future, to be affected by the exercise of a resource tenure holder’s underground water rights. The chief executive may, by notice given to the holder, direct the holder to undertake a baseline assessment of the water bore that complies with this section and section 396 . The notice must state the following— where the bore is situated; why the chief executive considers the bore is likely to be affected by the exercise of the holder’s rights; a reasonable period within which the assessment must be undertaken; that a copy of the notice given under section 405 must be given to the chief executive at the same time the notice is given under that section. In deciding the holder to whom a direction is to be given under subsection (2) , the chief executive must have regard to the impact considerations relating to the holder. The holder must comply with a direction given under subsection (2) , unless the holder has a reasonable excuse. Maximum penalty for subsection (5) —500 penalty units. s 402 prev s 402 ins 2006 No. 59 s 82 amd 2007 No. 57 s 89 om 2008 No. 34 s 714 pres s 402 ins 2010 No. 53 s 195 amd 2014 No. 64 s 106 (sec.402-ssec.1) This section applies to a water bore if the chief executive reasonably considers the bore is likely, in the future, to be affected by the exercise of a resource tenure holder’s underground water rights. (sec.402-ssec.2) The chief executive may, by notice given to the holder, direct the holder to undertake a baseline assessment of the water bore that complies with this section and section 396 . (sec.402-ssec.3) The notice must state the following— where the bore is situated; why the chief executive considers the bore is likely to be affected by the exercise of the holder’s rights; a reasonable period within which the assessment must be undertaken; that a copy of the notice given under section 405 must be given to the chief executive at the same time the notice is given under that section. (sec.402-ssec.4) In deciding the holder to whom a direction is to be given under subsection (2) , the chief executive must have regard to the impact considerations relating to the holder. (sec.402-ssec.5) The holder must comply with a direction given under subsection (2) , unless the holder has a reasonable excuse. Maximum penalty for subsection (5) —500 penalty units. - (a) where the bore is situated; - (b) why the chief executive considers the bore is likely to be affected by the exercise of the holder’s rights; - (c) a reasonable period within which the assessment must be undertaken; - (d) that a copy of the notice given under section 405 must be given to the chief executive at the same time the notice is given under that section.