sec.406Obligation to negotiate general agreement

### sec.406 Obligation to negotiate general agreement This section applies— for a resource tenure holder who is not required to give an underground water impact report under this Act—from the day the holder first exercises its underground water rights after the commencement of this paragraph and while the holder continues to hold the resource tenure; or otherwise— for each mining tenure holder—from the day the holder first exercises its underground water rights and until an underground water impact report applies to the holder’s mining tenure; or for each petroleum tenure holder—from the start day for the holder’s petroleum tenure and until an underground water impact report applies to the holder’s tenure. For each water bore the holder reasonably believes has an impaired capacity, the holder must use the holder’s best endeavours to negotiate and enter into an agreement with the bore owner of the bore about the following matters— the reasons for the bore’s impaired capacity; the measures the holder will take to ensure the bore owner has access to a reasonable quantity and quality of water for the authorised use and purpose of the bore; any monetary or non-monetary compensation payable to the bore owner for impacts on the bore. s 406 prev s 406 ins 2006 No. 59 s 82 om 2008 No. 34 s 714 pres s 406 ins 2010 No. 53 s 195 amd 2014 No. 64 s 110 (sec.406-ssec.1) This section applies— for a resource tenure holder who is not required to give an underground water impact report under this Act—from the day the holder first exercises its underground water rights after the commencement of this paragraph and while the holder continues to hold the resource tenure; or otherwise— for each mining tenure holder—from the day the holder first exercises its underground water rights and until an underground water impact report applies to the holder’s mining tenure; or for each petroleum tenure holder—from the start day for the holder’s petroleum tenure and until an underground water impact report applies to the holder’s tenure. (sec.406-ssec.2) For each water bore the holder reasonably believes has an impaired capacity, the holder must use the holder’s best endeavours to negotiate and enter into an agreement with the bore owner of the bore about the following matters— the reasons for the bore’s impaired capacity; the measures the holder will take to ensure the bore owner has access to a reasonable quantity and quality of water for the authorised use and purpose of the bore; any monetary or non-monetary compensation payable to the bore owner for impacts on the bore. - (a) for a resource tenure holder who is not required to give an underground water impact report under this Act—from the day the holder first exercises its underground water rights after the commencement of this paragraph and while the holder continues to hold the resource tenure; or - (b) otherwise— (i) for each mining tenure holder—from the day the holder first exercises its underground water rights and until an underground water impact report applies to the holder’s mining tenure; or (ii) for each petroleum tenure holder—from the start day for the holder’s petroleum tenure and until an underground water impact report applies to the holder’s tenure. - (i) for each mining tenure holder—from the day the holder first exercises its underground water rights and until an underground water impact report applies to the holder’s mining tenure; or - (ii) for each petroleum tenure holder—from the start day for the holder’s petroleum tenure and until an underground water impact report applies to the holder’s tenure. - (i) for each mining tenure holder—from the day the holder first exercises its underground water rights and until an underground water impact report applies to the holder’s mining tenure; or - (ii) for each petroleum tenure holder—from the start day for the holder’s petroleum tenure and until an underground water impact report applies to the holder’s tenure. - (a) the reasons for the bore’s impaired capacity; - (b) the measures the holder will take to ensure the bore owner has access to a reasonable quantity and quality of water for the authorised use and purpose of the bore; - (c) any monetary or non-monetary compensation payable to the bore owner for impacts on the bore.