Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 334ZP

334ZP Entitlement to use underground water

(1) The holder of a mineral development licence or mining lease may take or interfere with underground water in the area of the licence or lease if the taking or interference happens during the course of, or results from, the carrying out of an authorised activity for the licence or lease.

Examples—

1 mine dewatering of underground water to the extent necessary to achieve safe operating conditions in the mine

2 taking underground water as a result of evaporation from an open mine pit

(2) The rights of the holder of the mineral development licence or mining lease under subsection (1) —

(a) are the holder’s
"underground water rights" for the licence or lease; and

(b) are subject to the holder complying with the holder’s underground water obligations.

(3) Underground water taken or interfered with under subsection (1) is
"associated water" .

(4) The holder of the mineral development licence or mining lease may use associated water for any purpose and within or outside the area of the licence or lease.

(5) The holder of the mineral development licence or mining lease must, in accordance with any requirements prescribed by regulation—

(a) measure the volume of associated water taken by the holder or, if the taking is the result of evaporation, estimate the volume of water taken; and

(b) report the volume or estimated volume of associated water taken by the holder to the chief executive.

Penalty—

Maximum penalty—500 penalty units.

(6) The holder of the mineral development licence or mining lease must advise the chief executive of the department in which chapter 3 of the Water Act is administered of the exercise of the holder’s underground water rights immediately after the holder starts exercising the rights.

Penalty—

Maximum penalty—500 penalty units.

(7) However, if the mineral development licence or mining lease is in force at the commencement of this section, the holder of the licence or lease does not commit an offence against subsection (6) if the holder notifies the chief executive of the exercise of the holder’s underground water rights within 3 months after the commencement.

(8) Subsection (9) applies if, after the commencement of this section, the holder of a mineral development licence or mining lease exercises an entitlement under a water licence or water permit under the Water Act to take or interfere with water.

(9) To remove any doubt, it is declared that the exercise of the entitlement by the holder of the mineral development licence or mining lease during the course of, or resulting from, the carrying out of an authorised activity for the licence or lease is also an exercise of the holder’s underground water rights under this section and is subject to compliance with the holder’s underground water obligations.