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The new obligations include preparation of;
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An Underground Water Impact Report (UWIR) – including a public consultation process,
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Water Monitoring Strategy,
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Spring Impact Management Strategy,
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Baseline Assessment Plan,
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Bore Assessments and Make Good agreements with the owners of potentially impacted bores, and
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Bore Assessments.
Exemptions to the above for existing tenures are available where water extraction is lawful prior to the commencement of these amendments (UNLESS your resource activity is within the Surat Cumulative Management Area). Should you amend your activity (for example expand production to an additional pit) then it is possible that these additional obligations will apply to your project.
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There is a lot of additional detail, some of which will be in the regulations, which have not yet been sighted. For example, the UWIR may not be needed for certain “low risk” tenures.
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The key message is to be aware that these changes are coming and start preparing now so that you are not caught out. Tenure holders in the Surat CMA in particular need to get prepared!
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Water Act Reforms – Commencing December 2016
Amendments to the Water Act 2000 in December 2016 will have implications for Mining Tenure Holders.
​Key points include;
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The holder of a mineral development licence (MDL) or mining lease (ML) may now take or interfere with underground water in the course of the carrying out of an authorized activity on the MDL or ML.
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The MDL and ML holder may use the associated water for any purpose within and outside the area of the MDL or ML.
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However, the ML /MDL will now have to comply with the relevant requirements of Chapter 3 of the Water Act.