Queensland Numbered Acts Queensland Numbered ActsAfter section 75W--
insert--
'(1) A 1923 Act petroleum tenure holder may apply for a water monitoring authority for stated land to allow the holder to comply with, or assess the need to comply with, the make good obligation for the tenure.
'(2) The application may be made or granted for--
(a) land in the area of another 1923 Act petroleum tenure or a 2004 Act petroleum authority; and
(b) 1 or more tenures or authorities mentioned in paragraph (a) held by the same applicant.
'The application must be--
(a) in the approved form; and
(b) lodged at--
(i) the office of the department for lodging water monitoring authority applications, as stated in a gazette notice by the chief executive; or
(ii) if no office is gazetted under subparagraph (i)--the office stated in the approved form; or
(iii) otherwise--the office of the chief executive; and
(c) accompanied by the fee prescribed under a regulation.
'(1) The Minister may grant or refuse the water monitoring authority.
'(2) However, the water monitoring authority must not be granted unless a relevant environmental authority for the water monitoring authority has been issued.
'(3) The authority must state its area and each 1923 Act petroleum tenure or a 2004 Act petroleum tenure to which it relates.
'(4) The authority may also state--
(a) conditions or other provisions of the authority, other than conditions or provisions that are--
(i) inconsistent with subdivision 2 or section 75WM19 or any other mandatory condition for water monitoring authorities; or
(ii) inconsistent with a condition of any 1923 Act petroleum tenure or a 2004 Act petroleum tenure to which the authority relates; or
(iii) the same as, or substantially the same as, or inconsistent with, any relevant environmental condition for the authority; and
(b) the day it takes effect.
'(5) However, the provisions of the authority may exclude or restrict the carrying out of water monitoring activities.
'(1) This subdivision provides for the key authorised activities for a water monitoring authority.
'(2) The authorised activities may be carried out despite the rights of an owner or occupier of land on which they are exercised.
'(3) However, the carrying out of the authorised activities is subject to--
(a) sections 3, 75WH and 75WI; and
(b) parts 6H, 6I, 6J and 6K; and
(c) the conditions of the authority; and
(d) any exclusion or restriction provided for in the authority on the carrying out of the activities.
'The authority holder may carry out any water monitoring activity in the area of the authority.
'The authority holder may take or interfere with underground water only to the extent that the taking or interference is the unavoidable result of carrying out a water monitoring activity in the area of the authority.
Example--
The taking of or interference with underground water during the drilling or maintenance of a water observation bore in the area.
'For the Water Act, the taking of or interference with underground water, under section 75WF, is taken to be authorised.20
'To remove any doubt, it is declared that the water monitoring authority holder can not take or interfere with water as defined under the Water Act unless the taking or interference is authorised under this subdivision or the Water Act.21
'In carrying out an authorised activity for the water monitoring authority, the holder must not interfere with the carrying out of an authorised activity for a 1923 Act petroleum tenure or a 2004 Act petroleum tenure, or of another water monitoring authority, the area of which includes the area of the authority.
Maximum penalty--1 000 penalty units.
'To remove any doubt, it is declared that the discovery of petroleum while carrying out an authorised activity for the authority does not, of itself, give the authority holder a right to the petroleum.
'Subject to part 6P, division 3, a water monitoring authority continues in force until there is no longer any 1923 Act petroleum tenure or a 2004 Act petroleum tenure to which the authority relates.
'(1) This section applies if there is only 1 1923 Act petroleum tenure to which a water monitoring authority relates.
'(2) The authority holder is taken to be the person who, from time to time, holds the 1923 Act petroleum tenure to which the authority relates.
'If a condition is imposed on a water monitoring authority (the authority condition), it is a condition of each 1923 Act petroleum tenure or a 2004 Act petroleum tenure to which the authority relates that the tenure holder must comply with the authority condition.
'(1) The holder of a water monitoring authority may apply to amend it--
(a) to increase or decrease its area; or
(b) to add or omit, or reflect an amendment of, a 1923 Act petroleum tenure or a 2004 Act petroleum tenure that relates to the authority.
'(2) The holder can not apply to amend the authority in any other way.
'(3) The application must be--
(a) in the approved form; and
(b) lodged at--
(i) the office of the department for lodging the application, as stated in a gazette notice by the chief executive; or
(ii) if no office is gazetted under subparagraph (i)--the office stated in the approved form; or
(iii) otherwise--the office of the chief executive; and
(c) accompanied by the fee prescribed under a regulation.
'(4) The Minister may grant or refuse the amendment.
'(5) The amendment may be granted (a conditional grant) subject to the applicant's written agreement to the Minister amending the authority in a stated way that the Minister considers appropriate.22
'(6) On refusal of the application or the making of a decision to make a conditional grant, the applicant must be given an information notice about the decision to refuse or to make the conditional grant.'.