sec.423Requirement to enter into make good agreement and reimburse bore owner

### sec.423 Requirement to enter into make good agreement and reimburse bore owner This section applies in relation to a water bore for which a responsible tenure holder has undertaken a bore assessment under division 2 . The holder must use the holder’s best endeavours to enter into a make good agreement for the bore with the bore owner by— the day that is 40 business days after the bore assessment is undertaken; or if the chief executive agrees to a later day—that day. The holder must— reimburse the bore owner for any accounting, hydrogeology, legal or valuation costs the bore owner necessarily and reasonably incurs in negotiating or preparing a make good agreement; and advise the chief executive if the holder enters into the make good agreement. However, the holder is not required to reimburse the bore owner for hydrogeology costs incurred for work performed other than by an appropriately qualified hydrogeologist. In this section— appropriately qualified hydrogeologist means an individual who has the minimum experience or qualifications, stated in the guidelines made by the chief executive under section 413 , for undertaking a bore assessment. s 423 prev s 423 amd 2003 No. 19 s 3 sch 2 ; 2003 No. 25 s 98 (amdt could not be given effect) om 2008 No. 34 s 714 pres s 423 ins 2010 No. 53 s 195 amd 2014 No. 64 s 119 (amd 2016 No. 61 s 35 ) (sec.423-ssec.1) This section applies in relation to a water bore for which a responsible tenure holder has undertaken a bore assessment under division 2 . (sec.423-ssec.2) The holder must use the holder’s best endeavours to enter into a make good agreement for the bore with the bore owner by— the day that is 40 business days after the bore assessment is undertaken; or if the chief executive agrees to a later day—that day. (sec.423-ssec.3) The holder must— reimburse the bore owner for any accounting, hydrogeology, legal or valuation costs the bore owner necessarily and reasonably incurs in negotiating or preparing a make good agreement; and advise the chief executive if the holder enters into the make good agreement. (sec.423-ssec.4) However, the holder is not required to reimburse the bore owner for hydrogeology costs incurred for work performed other than by an appropriately qualified hydrogeologist. (sec.423-ssec.5) In this section— appropriately qualified hydrogeologist means an individual who has the minimum experience or qualifications, stated in the guidelines made by the chief executive under section 413 , for undertaking a bore assessment. - (a) the day that is 40 business days after the bore assessment is undertaken; or - (b) if the chief executive agrees to a later day—that day. - (a) reimburse the bore owner for any accounting, hydrogeology, legal or valuation costs the bore owner necessarily and reasonably incurs in negotiating or preparing a make good agreement; and - (b) advise the chief executive if the holder enters into the make good agreement.