QLDIn ForceAct
Water Act 2000
sec.460Obtaining information about underground water from resource tenure holders
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### sec.460 Obtaining information about underground water from resource tenure holders
The manager may give a resource tenure holder a notice requesting the following information about the holder’s resource tenure—
information the manager requires for complying with its obligations as a responsible entity under chapter 3 , part 2 ;
other information the manager requires to analyse and monitor impacts on underground water generally.
The notice must state how, and a reasonable period of at least 20 business days by which, the information must be given.
The resource tenure holder must comply with the notice, unless the holder has a reasonable excuse.
Maximum penalty—1,665 penalty units.
If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 828 , to have also committed the offence.
If the resource tenure holder is an individual, it is a reasonable excuse not to comply with the notice if complying with the notice might tend to incriminate the holder.
If a person (the first person ) who is a resource tenure holder has nominated or specified another person (the nominated person ) for service under a relevant provision, the notice is taken to have been given to the first person if it is given to the nominated person.
In this section—
relevant provision means—
for a resource tenure holder who is the holder of a mineral development licence—the Mineral Resources Act , section 183 (1) (c) ; or
for a resource tenure holder who is the holder of a mining lease—the Mineral Resources Act , section 245 (1) (c) ; or
for a resource tenure holder who is the holder of a 1923 Act petroleum tenure under the Petroleum Act 1923 —the Petroleum Act 1923 , section 129 ; or
for a resource tenure holder who is the holder of a petroleum tenure under the Petroleum and Gas Act —the Petroleum and Gas Act , section 852 .
s 460 ins 2012 No. 39 s 70
amd 2013 No. 51 s 229 sch 1 ; 2014 No. 64 s 134
(sec.460-ssec.1) The manager may give a resource tenure holder a notice requesting the following information about the holder’s resource tenure— information the manager requires for complying with its obligations as a responsible entity under chapter 3 , part 2 ; other information the manager requires to analyse and monitor impacts on underground water generally.
(sec.460-ssec.2) The notice must state how, and a reasonable period of at least 20 business days by which, the information must be given.
(sec.460-ssec.3) The resource tenure holder must comply with the notice, unless the holder has a reasonable excuse. Maximum penalty—1,665 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 828 , to have also committed the offence.
(sec.460-ssec.4) If the resource tenure holder is an individual, it is a reasonable excuse not to comply with the notice if complying with the notice might tend to incriminate the holder.
(sec.460-ssec.5) If a person (the first person ) who is a resource tenure holder has nominated or specified another person (the nominated person ) for service under a relevant provision, the notice is taken to have been given to the first person if it is given to the nominated person.
(sec.460-ssec.6) In this section— relevant provision means— for a resource tenure holder who is the holder of a mineral development licence—the Mineral Resources Act , section 183 (1) (c) ; or for a resource tenure holder who is the holder of a mining lease—the Mineral Resources Act , section 245 (1) (c) ; or for a resource tenure holder who is the holder of a 1923 Act petroleum tenure under the Petroleum Act 1923 —the Petroleum Act 1923 , section 129 ; or for a resource tenure holder who is the holder of a petroleum tenure under the Petroleum and Gas Act —the Petroleum and Gas Act , section 852 .
- (a) information the manager requires for complying with its obligations as a responsible entity under chapter 3 , part 2 ;
- (b) other information the manager requires to analyse and monitor impacts on underground water generally.
- (a) for a resource tenure holder who is the holder of a mineral development licence—the Mineral Resources Act , section 183 (1) (c) ; or
- (b) for a resource tenure holder who is the holder of a mining lease—the Mineral Resources Act , section 245 (1) (c) ; or
- (c) for a resource tenure holder who is the holder of a 1923 Act petroleum tenure under the Petroleum Act 1923 —the Petroleum Act 1923 , section 129 ; or
- (d) for a resource tenure holder who is the holder of a petroleum tenure under the Petroleum and Gas Act —the Petroleum and Gas Act , section 852 .