sec.418Direction by chief executive to undertake bore assessment

### sec.418 Direction by chief executive to undertake bore assessment This section applies if the chief executive reasonably believes a water bore— can no longer supply a reasonable quantity or quality of water for its authorised use or purpose; or is affected, or is likely, in the future, to be affected, by the exercise of a resource tenure holder’s underground water rights; or has an impaired capacity. The chief executive may give a resource tenure holder a notice stating that the holder must either— undertake a bore assessment that complies with this section and section 414 within a stated reasonable time; or make a submission within a stated reasonable period of at least 20 business days about why the holder should not be required to undertake the bore assessment. If the holder undertakes a bore assessment under subsection (2) (a) , the holder must give the chief executive a copy of the notice given under section 419 . In deciding the resource tenure holder to whom a notice is to be given under subsection (2) , the chief executive must have regard to the impact considerations relating to the holder. If the holder makes a submission within the stated period and, after considering the submission, the chief executive still considers the holder should undertake the bore assessment, the chief executive may give the holder a notice stating— that the holder must undertake the bore assessment; and a reasonable period within which the bore assessment must be undertaken; and that a copy of the notice given under section 419 must be given to the chief executive. The holder must comply with a notice given under subsection (2) or (5) , unless the holder has a reasonable excuse. Maximum penalty—500 penalty units. A regulation may prescribe for this section a quality of water that is a reasonable quality of water for a particular authorised use or purpose. In this section— bore assessment includes an assessment of a water bore to establish— whether it can supply a reasonable quantity or quality of water for its authorised use or purpose; and the reason for any reduced capacity of the water bore to supply the reasonable quantity or quality of water. s 418 prev s 418 om 2008 No. 34 s 714 pres s 418 ins 2010 No. 53 s 195 amd 2014 No. 64 s 116 (amd 2016 No. 61 s 34 ) (sec.418-ssec.1) This section applies if the chief executive reasonably believes a water bore— can no longer supply a reasonable quantity or quality of water for its authorised use or purpose; or is affected, or is likely, in the future, to be affected, by the exercise of a resource tenure holder’s underground water rights; or has an impaired capacity. (sec.418-ssec.2) The chief executive may give a resource tenure holder a notice stating that the holder must either— undertake a bore assessment that complies with this section and section 414 within a stated reasonable time; or make a submission within a stated reasonable period of at least 20 business days about why the holder should not be required to undertake the bore assessment. (sec.418-ssec.3) If the holder undertakes a bore assessment under subsection (2) (a) , the holder must give the chief executive a copy of the notice given under section 419 . (sec.418-ssec.4) In deciding the resource tenure holder to whom a notice is to be given under subsection (2) , the chief executive must have regard to the impact considerations relating to the holder. (sec.418-ssec.5) If the holder makes a submission within the stated period and, after considering the submission, the chief executive still considers the holder should undertake the bore assessment, the chief executive may give the holder a notice stating— that the holder must undertake the bore assessment; and a reasonable period within which the bore assessment must be undertaken; and that a copy of the notice given under section 419 must be given to the chief executive. (sec.418-ssec.6) The holder must comply with a notice given under subsection (2) or (5) , unless the holder has a reasonable excuse. Maximum penalty—500 penalty units. (sec.418-ssec.7) A regulation may prescribe for this section a quality of water that is a reasonable quality of water for a particular authorised use or purpose. (sec.418-ssec.8) In this section— bore assessment includes an assessment of a water bore to establish— whether it can supply a reasonable quantity or quality of water for its authorised use or purpose; and the reason for any reduced capacity of the water bore to supply the reasonable quantity or quality of water. - (a) can no longer supply a reasonable quantity or quality of water for its authorised use or purpose; or - (b) is affected, or is likely, in the future, to be affected, by the exercise of a resource tenure holder’s underground water rights; or - (c) has an impaired capacity. - (a) undertake a bore assessment that complies with this section and section 414 within a stated reasonable time; or - (b) make a submission within a stated reasonable period of at least 20 business days about why the holder should not be required to undertake the bore assessment. - (a) that the holder must undertake the bore assessment; and - (b) a reasonable period within which the bore assessment must be undertaken; and - (c) that a copy of the notice given under section 419 must be given to the chief executive. - (a) whether it can supply a reasonable quantity or quality of water for its authorised use or purpose; and - (b) the reason for any reduced capacity of the water bore to supply the reasonable quantity or quality of water.