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MINERAL RESOURCES ACT 1989 - SECT 334ZV
Deciding application for water monitoring authority
334ZV Deciding application for water monitoring authority
(1) The Minister may grant or refuse to grant the water monitoring authority.
(2) However, the water monitoring authority must not be granted unless an
environmental authority for the water monitoring authority has been issued.
Note— If the application relates to acquired land, see also section 10AAC .
(3) The Minister may, before deciding the application, seek advice about the
application from the chief executive of the department in which the Water Act
is administered.
(4) A water monitoring authority must state its area and
each mineral development licence or mining lease to which it relates.
(5) A
water monitoring authority may also state— (a) conditions or other
provisions of the authority, other than conditions or provisions that are—
(i) inconsistent with division 2 or section 334ZZF or 334ZZG or any other
mandatory condition for water monitoring authorities; or Note— The
Mineral and Energy Resources (Common Provisions) Act 2014 , chapter 3 also
imposes mandatory conditions on water monitoring authorities.
(ii)
inconsistent with a condition of any mineral development licence or mining
lease to which the authority relates; or
(iii) the same as, or substantially
the same as, or inconsistent with any relevant environmental condition for a
water monitoring activity for the authority; and
(b) the day it takes effect.
(6) However, the provisions of a water monitoring authority may exclude or
restrict the carrying out of water monitoring activities, if the exclusion or
restriction does not prevent the holder of the mineral development licence or
mining lease to which it relates from complying with the holder’s
underground water obligations.
(7) The Minister may, as a condition of
deciding to grant the water monitoring authority, require the applicant to do
all or any of the following within a stated reasonable period— (a) pay the
annual rent for the first year of the authority;
(b) give security for the
authority.
(8) If the applicant does not comply with the requirement, the
application may be refused.
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