Division 3(1) The sinking of a bore shall not be commenced, nor shall a bore be enlarged, deepened, or altered unless:(a) in pursuance of a licence issued under this Part, or(b) the bore is to be sunk, enlarged, deepened, or altered by the Crown.(2) If any person contravenes the provisions of this section, the said person, and the owner of the bore in respect of which the contravention has occurred, shall be guilty of an offence and shall be liable, on conviction:(a) where the offence was committed by a corporation—to a penalty not exceeding 200 penalty units and, in the case of a continuing offence, to a further penalty not exceeding 20 penalty units for each day the offence continues, or(b) where the offence was committed by any other person—to a penalty not exceeding 100 penalty units and, in the case of a continuing offence, to a further penalty not exceeding 10 penalty units for each day the offence continues.(3) This section extends to any bore that was constructed, or was otherwise in existence, before 1912.
(1) Application for a licence for any new bore, or for enlarging, deepening, or altering any existing bore, shall be made to the Ministerial Corporation in the form prescribed, accompanied by the prescribed plans and descriptions, together with a statement of the purposes for which it is proposed to utilise the water.(2) On application being so made, and if in the opinion of the Ministerial Corporation the bore is or will be an artesian bore or the circumstances so warrant, the Ministerial Corporation shall cause to be advertised once in the Gazette and once in a public newspaper circulating in the neighbourhood where the bore or the site thereof is situate a notice:(a) acknowledging the receipt of the application, and(b) requesting all persons interested to inform the Ministerial Corporation whether they support the application or object thereto, and if they do so object, the reasons therefor, and(c) stating the last day on which such information will be received and the name or official designation and address of the person to whom it should be sent.(3) An application for a licence in respect of any bore that was constructed before the commencement of this subsection (as inserted by the Water Legislation Amendment Act 1999) is not required to be advertised in accordance with subsection (2).
113A Invalidation of applications for licences
(1) If the Ministerial Corporation is satisfied that the whole or any part of a sub-surface water basin (referred to in this section as a water shortage zone) is unlikely to have more water available than is sufficient to meet:(a) the requirements of the licensees of the bores situated within the water shortage zone, and(b) such other possible requirements from the water shortage zone as are determined by the Ministerial Corporation,it may, by order, place an embargo on any further applications for licences with respect to that zone.(2) Such an order may relate to:(a) a specified application for a licence, or(b) a specified class of applications for licences, or(c) all applications for licences, or(d) all applications for licences, other than:(i) a specified application for a licence, or(ii) a specified class of applications for licences.(3) Notice of such an order must be published in:(a) the Gazette, and(b) a newspaper circulating in the district in which the water shortage zone is situated.(4) The notice must specify the date (being the date of publication in the Gazette or a later date) on and from which the order has effect.(5) An application to which such an order relates is invalid, and is to be rejected by the Ministerial Corporation, if it is made on or after the date specified in the notice published in relation to the order.(6) Subsection (5) does not apply to:(a) an application for a renewal of a licence, or(b) an application for a licence for a bore to replace some other licensed bore that the applicant has ceased to use, or(c) an application for a licence for a bore to produce water to satisfy a water allocation arising from the transfer of a water allocation under section 117J.
(1) The Ministerial Corporation may where, in its opinion, the circumstances so warrant, and after the day mentioned in section 113 (2) (c), cause a public inquiry to be held as to the desirability of granting the application.The inquiry shall be held by the local land board.
The Ministerial Corporation shall cause particulars as to the time, date, and place of the inquiry to be advertised once in the Gazette and once in a public newspaper circulating in the neighbourhood where the bore or the site thereof is situate.
The local land board shall report in writing to the Ministerial Corporation upon the inquiry.
(2) All persons whose interests appear to be affected by the granting of the application shall be permitted to attend at the inquiry and be heard in support of, or in opposition to, the granting of the application.
(1) In any case where an application has not been advertised pursuant to section 113 (2) the Ministerial Corporation shall, as soon as practicable after it has investigated and considered the application and on payment of the prescribed fee, issue a licence to the applicant in the prescribed form, subject to such limitations and conditions as it may deem fit and proper.(2) In any other case the Ministerial Corporation shall:(a) where an inquiry has been held pursuant to section 114 and the local land board reports in favour of the issuing of a licence, or(b) where no inquiry has been held pursuant to section 114 and the Ministerial Corporation decides to grant the application,on payment of the prescribed fee issue a licence to the applicant in the prescribed form, subject to such limitations and conditions as it may deem fit and proper.
(1) The Ministerial Corporation may, if, in its opinion such a course is necessary, grant a licence for a limited period, and any licence so granted shall (subject to the provisions of this Part with regard to the renewal of licences, and subject to such limitations and conditions as the Ministerial Corporation may think fit to make) be renewed by the Ministerial Corporation from time to time on the application of the person holding the licence and on payment of the prescribed fee.(2) The Ministerial Corporation may limit the period of any renewal. The licence shall lapse if the sinking of the bore or the enlarging, deepening, or altering of the bore licensed be not commenced and completed within such times or extended times as may be notified by the Ministerial Corporation to the licensee.
116AA Conditions relating to environmental protection
The conditions subject to which a licence is issued or renewed under this Part may include conditions relating to the protection of the environment.
(1) Fees prescribed for the purposes of sections 115 and 116 may differentiate according to:(a) the areas in which bores are situated,(b) the purposes for which bores are constructed,(c) the purposes for which water taken from bores is to be used, and(d) such other factors as may be prescribed.(2) The power to prescribe fees for the purposes of section 115 or 116 includes a power to prescribe fees by reference to a prescribed manner of calculation or a prescribed scale, or both.(3) Where a licence in respect of a bore is to be issued or renewed on the application of a public authority as prescribed for the purposes of this subsection, the licence may, in the discretion of the Ministerial Corporation, be issued or renewed at a nominal fee.
If an applicant under section 113 or 116 fails to pay to the Ministerial Corporation within the time prescribed the fee payable upon the issue or renewal of the licence, the Ministerial Corporation may at any time thereafter reject the application.
116C Limitations and conditions
(1) Limitations and conditions referred to in section 115 (1) or (2) or 116 (1) may be imposed on a licence at the time of, or from time to time after, the issue or grant of the licence.(2) Before imposing a limitation or condition on a licence, the Ministerial Corporation:(a) must cause written notice of its intention to impose such a limitation or condition to be served on the licensee or proposed licensee, and(b) must give the licensee or proposed licensee a reasonable opportunity to make written submissions to the Ministerial Corporation with respect to the limitation or condition to be imposed, and(c) must have regard to any submission that is duly made.
116D Authority conferred by licence
A licence authorises its holder:(a) to sink, enlarge, deepen or alter the bore in respect of which it is issued, and(b) to take and use any water obtained by means of the bore,subject to the limitations and conditions of the licence and subject to the provisions of this Part.
A licence shall be deemed to be held by and shall operate for the benefit of the lawful occupier for the time being of the land whereon the bore is sunk or is proposed to be sunk.
117A Declaration of restricted sub-surface water area
(1) The Ministerial Corporation may, by order published in the Gazette, declare any sub-surface water basin, or any part thereof, to be a restricted sub-surface water area.(2) The Ministerial Corporation may, by a like order, at any time:(a) vary, whether as to the whole or any part, or revoke the order of any restricted sub-surface water area, or(b) amend the boundaries of any restricted sub-surface water area.(3) In respect of any restricted sub-surface water area:(a) the Ministerial Corporation may by order in writing direct the licensee of any bore, whether sunk or commenced to be sunk before or after the proclamation of the restricted sub-surface water area:(i) to restrict or control the rate of flow or pumping or the manner of extraction of water from the bore, or the quantity of water which may be allowed to flow or be pumped therefrom in any stated period of time or its usage,(ii) to take such measures or precautions as may be specified in the order for the protection of the quality and prevention of pollution or contamination of any sub-surface water wherever pollution or contamination, in the opinion of the Ministerial Corporation, is or may be caused by abandoned, defective or improperly constructed bores through the interconnection of strata or the introduction of unsuitable surface water into the sub-surface water,(iii) to furnish to the Ministerial Corporation at such intervals as may be specified in the order a report of static water level in the bore from a point of measurement predetermined by the Ministerial Corporation and of the quantities of water pumped from the bore,(iv) to provide, fit and maintain a metering or measuring device acceptable to the Ministerial Corporation which will adequately and continuously record the quantity of water flowing or pumped from a bore from which water is used,and may, in any such order, set forth such requirements as it deems necessary for proper compliance with a direction contained therein,(b) the Ministerial Corporation may by order in writing to the licensee of any bore referred to in paragraph (a):(i) specify the minimum distance or distances at which any bore may be sunk from any other bore or bores wheresoever situate,(ii) direct the licensee of any bore the sinking of which is completed after the proclamation of the restricted sub-surface water area and from which water is to be used for other than stock, domestic or home garden purposes to furnish to the Ministerial Corporation within ninety days of completion of equipping the bore such detailed particulars of the equipment installed, including the capacity of any pump, as the Ministerial Corporation may require.(4) (Repealed)
(1) In this section:prescribed area means an area for the time being declared to be a prescribed area under subsection (2).
year, in relation to a prescribed area, or part of a prescribed area, means:
(a) a year commencing on 1 July, or(b) if the Ministerial Corporation by order published in the Gazette specifies a different year for the prescribed area or part of a prescribed area—the specified year.(1A) Where the year relating to an existing prescribed area, or part of an existing prescribed area, is changed, the order making the change may also make provision for the transitional arrangements leading to the change.(2) The Ministerial Corporation may, by order published in the Gazette, declare that as from:(a) the date of publication of the order, or(b) a later date specified in the order,any sub-surface water basin, or any part thereof, shall be a prescribed area for the purposes of this section.(3) The Ministerial Corporation may, by order published in the Gazette, at any time:(a) vary, whether as to the whole or any part, or revoke the order of any prescribed area, or(b) amend the boundaries of any prescribed area.(4) The licensee of any bore within a prescribed area shall, subject to and in accordance with this section and even if the licence is suspended, pay a charge for the right to take and use water from the bore in addition to the fee payable for the licence.(5) The charge payable under subsection (4) shall:(a) subject to subsection (7), be fixed by the Ministerial Corporation from time to time,(b) be paid:(i) in respect of each whole year during which the bore is within the prescribed area, or(ii) where the bore is not within the prescribed area for a whole year—in respect of the part of a year during which the bore is within the prescribed area,(c) be calculated at a rate not greater than the maximum rate which shall be prescribed according to:(i) the area in which the bore is situated, or(ii) the purpose for which the water taken from the bore is used,(d) be paid at the prescribed times and in the prescribed manner,(e) be on the basis of a fixed charge or on the basis of the quantity of water taken from the bore (or a combination of both), and(f) to the extent of a minimum annual amount fixed by the Ministerial Corporation, be payable even if the bore to which the licence relates is not used or the licence is suspended.(6) The Ministerial Corporation may, under subsection (5), fix different charges in respect of different bores or different charges in respect of the same bore, as the case may require, having regard to any one or more of the following factors:(a) the area in which a bore is situated,(b) the purpose for which water taken from a bore is used,(c) the quantity of water taken from a bore.(7) Where the Ministerial Corporation varies the amount it has fixed as the charge payable under subsection (4), the variation shall take effect on such date as the Ministerial Corporation may determine.(8) If the holder of a licence fails to pay the charge required under this section within the prescribed period, the Ministerial Corporation may suspend the licence until the charge is paid.(8A) Any amount due and unpaid under subsection (4):(a) bears interest on a daily basis at the prescribed rate until paid, even if judgment for the amount has been given by a court, and(b) is, together with any such interest, recoverable as a debt due and payable to the Ministerial Corporation by the lawful occupier of the land on which the bore is situated.(8B) A payment made in respect of a charge payable under subsection (4) shall be applied first in payment of any interest borne by the charge.(9) The Ministerial Corporation may remit or waive the payment in any year of any charge paid or payable under this section.
(1) A person who:(a) intentionally, fraudulently or by culpable negligence:(i) damages a metering or measuring device fitted (in compliance with a direction given under section 117A) to a bore,(ii) prevents any such metering or measuring device from recording the quantity of water taken from the bore, or uses any means whereby water so taken is not recorded by the metering or measuring device, or(iii) without the consent of the Ministerial Corporation given in writing, interferes with any such metering or measuring device, or(b) being the holder of the licence in respect of the bore, suffers, permits or directs any other person to do any of the acts specified in paragraph (a),is guilty of an offence and is liable, on conviction:(c) where the offence was committed by a corporation—to a penalty not exceeding 200 penalty units, or(d) where the offence was committed by any other person—to a penalty not exceeding 100 penalty units or to imprisonment for a term not exceeding 12 months, or both.(2) In any prosecution for an offence under subsection (1), proof of the existence of:(a) any means for preventing a metering or measuring device from recording the quantity of water taken from the bore to which the metering or measuring device is fitted, or(b) any means whereby water is taken from the bore without being recorded by the metering or measuring device,shall be admissible as evidence that the prevention or, as the case may be, the use of the means was caused by the holder of the licence authorising the use of the bore.(3) For the purpose of ascertaining whether an offence under subsection (1) has been committed, the Ministerial Corporation may, by any of its officers, employees or agents, enter on any land and dismantle for inspection a metering or measuring device referred to in that subsection.
117E Restriction or suspension of rights held under licences during periods of water shortage
(1) If the Ministerial Corporation is satisfied that the whole or any part of a sub-surface water basin (referred to in this section as a water shortage zone) is unlikely to have more water available than is sufficient to meet:(a) the requirements of the licensees of bores situated within the water shortage zone, and(b) such other possible requirements from the water shortage zone as are determined by the Ministerial Corporation,it may, by order, suspend or restrict the entitlement of licensees within that zone to take and use water obtained by such bores.(2) In particular, such an order may reduce a licensee’s water allocation during the period for which the order is in force.(3) Such an order may relate to:(a) a specified bore, or(b) a specified class of bores, or(c) all bores, or(d) all bores, other than:(i) a specified bore, or(ii) a specified class of bores.(4) Notice of such an order must be published in:(a) the Gazette, and(b) a newspaper circulating in the district in which the water shortage zone is situated.(5) The notice must specify the date (being the date of publication in the Gazette or a later date) on and from which the order has effect.(6) A person must not take or use water from a bore to which such an order relates contrary to the terms of the order.Maximum penalty: 200 penalty units (in the case of a corporation) and 100 penalty units (in any other case).
(7) In the case of a bore with respect to which there is a water allocation, the water allocation is taken to be reduced, during the period for which the order is in force, in accordance with the terms of the order.(8) Evidence that water has been taken from a bore is evidence that the water has been taken by the licensee of that bore.
(1) If the Ministerial Corporation is satisfied that the whole or any part of a sub-surface water basin (referred to in this section as a water surplus zone) is likely to have more water available than is sufficient to meet:(a) the requirements of the licensees of bores situated within the water surplus zone, and(b) such other possible requirements from the water surplus zone as are determined by the Ministerial Corporation,it may, by order, increase the water allocation for any licensee in that zone for the period for which the order is in force.(2) Such an order may relate to:(a) a specified bore, or(b) a specified class of bores, or(c) all bores, or(d) all bores, other than:(i) a specified bore, or(ii) a specified class of bores.(3) Notice of such an order must be published in:(a) the Gazette, and(b) a newspaper circulating in the district in which the water surplus zone is situated.(4) The notice must specify the date (being the date of publication in the Gazette or a later date) on and from which the order has effect.(5) The licensee’s water allocation is taken to be increased, during the period for which the order is in force, in accordance with the terms of the order.
117G Borrowing and carrying over
(1) The Ministerial Corporation may, at the written request of a licensee, vary the licensee’s water allocations for the current year and the following year so as to allow the licensee:(a) to use during the current year the whole or any part of the licensee’s water allocation for the following year, or(b) to use during the following year the whole or any part of the unused portion of the licensee’s water allocation for the current year,and the licensee’s water allocations for those years are taken to be varied accordingly.(2) The Ministerial Corporation may, at the request of a licensee, vary the licensee’s water allocations for the current year and the previous year so as to allow the licensee to use during the current year the whole or any part of the unused portion of the licensee’s water allocation for the previous year, and the licensee’s water allocations for those years are taken to be varied accordingly.(3) In this section, unused portion, in relation to a water allocation, means such part of the water allocation as has not been used during the year to which it relates.
117H Cancellation and suspension of licences
(1) The Ministerial Corporation may cancel or suspend a licence if it is satisfied that the licensee has failed to comply with:(a) any limitation or condition of the licence, or(b) any requirement imposed by or under this Part,whether or not the licensee has been prosecuted or convicted for an offence arising out of that failure to comply.(2) Before taking any action under this section, the Ministerial Corporation:(a) must cause written notice of the proposed action to be given to the licensee, and(b) must give the licensee a reasonable opportunity to make written submissions to the Ministerial Corporation with respect to the proposed action, and(c) must have regard to any submission that is duly made.
Any person:(a) who alters a licensed bore (otherwise than to make repairs or alterations necessary for the maintenance of the bore), or(b) who takes or uses water from an unlicensed bore, or(c) who takes or uses water from a licensed bore while the licence is suspended, or(d) who takes or uses water from a licensed bore otherwise than in accordance with the conditions of the licence and the provisions of this Part,is guilty of an offence.Maximum penalty: 200 penalty units (in the case of a corporation) and 100 penalty units (in any other case).
117J Transfer of water allocations
(1) This section applies only to such sub-surface water basins (or parts of sub-surface water basins) as the Ministerial Corporation has determined to be subject to this section.(2) The holder of a licence (the transferor) may, with the approval of the Ministerial Corporation, transfer the whole or part of the water allocation for the licence to any other person (the transferee), whether or not the transferee is the holder of another licence at the time the application for approval of the transfer is made.(3) Any such transfer:(a) may be a temporary transfer for such period as may be determined by the Ministerial Corporation, after which time the transferred water allocation reverts to the transferor, or(b) may be a permanent transfer, in which case the transferor’s rights to take and use the water concerned are cancelled on completion of the transfer.(4) An application for the Ministerial Corporation’s approval may be made by the transferor and transferee in the form approved by the Ministerial Corporation.(5) An application must be accompanied by the following:(a) such application fee as is determined by the Ministerial Corporation either generally or in a particular case, and(b) such information and consents as the Ministerial Corporation may require.(6) The Ministerial Corporation may approve the transfer, or it may refuse to approve the transfer.(7) The Ministerial Corporation may, in relation to an application for a transfer:(a) require the transferor to provide such information and consents, and(b) require the transferee to provide such information and evidence,as are specified by the Ministerial Corporation.(8) A requirement under subsection (7) may be complied with in any manner acceptable to the Ministerial Corporation, but the Ministerial Corporation may decline to proceed with consideration of the application until the requirement is complied with.(9) In determining whether or not to approve a transfer, the Ministerial Corporation may take into consideration such matters as it thinks fit, including its opinion as to the social and economic effect that the transfer would have if approved.(10) If the Ministerial Corporation approves the transfer, it may give effect to the transfer in any one or more of the following ways:(a) by making such adjustments with respect to the transferor’s and transferee’s water allocations as the Ministerial Corporation considers appropriate,(b) if the whole of the transferor’s water allocation is being transferred, by cancelling the transferor’s licence,(c) if the transferee does not hold a licence, by issuing a licence to the transferee in accordance with this Part and including the transferred water allocation in the conditions of the licence.(11) The Ministerial Corporation may, in approving a transfer under this section, impose such conditions in relation to the transfer as the Ministerial Corporation thinks fit to impose.
117K Sale of land pending transfer of water allocation
(1) This section applies to land in respect of which a transfer of water allocation under section 117J has been approved but has yet to take effect.(2) Despite section 117, the sale of land to which this section applies:(a) does not operate to pass the benefit of the water allocation being transferred to the purchaser of the land, and(b) does not prevent the transfer taking effect.
(1) A person must not carry out any work as a driller on any land (other than land of which the person is the owner or occupier) unless:(a) the person is the holder of a driller’s licence issued by the Ministerial Corporation, and(b) the work being carried out is of a type or class prescribed in the regulations and set out in the licence issued to that person.(2) Any person who contravenes the provisions of subsection (1) shall, upon conviction, be liable to a penalty not exceeding 5 penalty units and a further penalty not exceeding 1 penalty unit for each day during which the contravention continues after such conviction.(3) (Repealed)(3A) A driller’s licence in the prescribed form may be issued from time to time by the Ministerial Corporation to any competent and capable person for a period of three years upon application in the prescribed form being made therefor in writing accompanied by the prescribed fee and upon the Ministerial Corporation having been furnished with such information as to the competency and capability of the applicant as it may require.(4) A holder of a driller’s licence who acts as a driller on or in connection with the construction of a bore shall, upon demand being made by the Ministerial Corporation and within such time as the Ministerial Corporation may specify, furnish to the Ministerial Corporation or to such person as the Ministerial Corporation may direct and in such form as the Ministerial Corporation may require, such information relating to:(a) the nature and thickness of the various strata met with during the drilling performed by the holder in connection with the bore,(b) the location, quantities and quality of all supplies of water met with during such drilling,(c) the height each such supply of water stands relative to the natural surface of the ground at the site of the bore, and(d) the depth, diameter and other particulars of the bore and the casing inserted in the bore,as the Ministerial Corporation may require.(5) Any driller who contravenes the provisions of subsection (4) shall, upon conviction, be liable to a penalty not exceeding 2 penalty units and to a further penalty not exceeding 0.5 penalty unit for each day during which the contravention continues after such conviction and, in addition to the imposition of the said penalty, the Ministerial Corporation may cancel the driller’s licence.(6) The Ministerial Corporation may at any time cancel any licence issued pursuant to subsection (3A) if in its opinion the holder of the licence is or has become incompetent or incapable or is not a fit and a proper person to continue to be licensed as a driller or for such other good and sufficient cause as to the Ministerial Corporation seems proper.(7) No person shall be entitled to claim or be paid any compensation whatsoever arising out of or by reason of the exercise by the Ministerial Corporation of the powers conferred by subsection (6).