Mineral Resources and Other Legislation Amendment Regulation (No. 1) 2017

1Short title

This regulation may be cited as the Mineral Resources and Other Legislation Amendment Regulation (No. 1) 2017 .

2Regulation amended

This part amends the Mineral Resources Regulation 2013 .

3Insertion of new ch 2, pt 6

Chapter 2—
insert—

Part 6 Measuring and reporting the taking of associated water

31ARequirements for measuring the taking of associated water—Act, s 334ZP(5)(a)

(1)This section prescribes, for section 334ZP(5)(a) of the Act, the requirements for the measurement or estimation of the volume of associated water taken by the holder of a mineral development licence or a mining lease.

(2)The volume of associated water taken must be calculated by—

(a)in relation to associated water taken as a result of dewatering of a surface mine or an underground mine in the area of the licence or lease, if the dewatering is achieved by using bores—measuring the volume of underground water extracted from each active bore field through a meter complying with AS 4747-2013 (Meters for non-urban water supply); and

(b)in relation to associated water taken as a result of underground water entering a surface mine or an underground mine in the area of the licence or lease—applying the water balance method stated in the guideline for calculating the volume of associated water entering a surface mine or an underground mine.

(3)Despite subsection (2), the holder may calculate, in whole or in part, the volume of associated water taken using an alternative method—

(a)submitted to the chief executive in writing with—

(i)information supporting the reliability and accuracy of the method; and

(ii)an explanation of why the alternative method is being used instead of the methods mentioned in subsection (2); and

(b) approved by the chief executive.

(4)In this section—

guideline means the guideline entitled ‘Measuring the volume of take of associated water under a mining lease or mineral development licence’ made by the chief executive and published on the department’s website.

31BRequirements for reporting the taking of associated water—Act, s 334ZP(5)(b)

(1)This section prescribes, for section 334ZP(5)(b) of the Act, the requirements for the reporting of the volume of associated water taken by the holder of a mineral development licence or a mining lease.

(2)For each reporting period, the holder must report—

(a)the total volume of associated water taken in the area of the licence or lease during the reporting period; and

(b)if dewatering of a surface mine or an underground mine, in the area of the licence or lease, is achieved using bores—

(i)the volume of associated water extracted from each active bore field during the reporting period; and

(ii)the source geological formation from which the associated water was taken; and

(iii)whether the source geological formation is artesian or subartesian; and

(c)if, during the reporting period, the holder uses an alternative method under section 31A(3) for the first time—an explanation of the alternative method.

(3)If the licence or lease expires or is surrendered, the holder must also report, for each surface mine in the area of the licence or lease—

(a)the relationship between the horizontal area of any pit associated with the mine and the elevation from the bottom of the pit based on survey data for the pit; and

(b)a prediction of the long term annual, steady state entry of underground water into any area of the mine that is rehabilitated; and

(c)an explanation of the method the holder used to make the prediction mentioned in paragraph (b).

(4)Reporting under this section must be submitted using the Queensland Digital Exploration Reports System—

(a)if the reporting period ends on 30 June—within 20 business days after the end of the reporting period; or

(b)otherwise—on the day the licence or lease expires or is surrendered.

(5)If a portion of a reporting period has elapsed before the commencement, the holder need only report, for that reporting period, information available to the holder after commencement.

31CChief executive may review alternative method

(1)This section applies if the holder uses an alternative method in accordance with section 31A(3) instead of a method mentioned in section 31A(2) (an original method).

(2)The chief executive may, at any time, review the alternative method to assess the reliability and accuracy of the method.

(3)If, as a result of the review, the chief executive no longer considers the alternative method to be reliable or accurate—

(a)the chief executive must, as soon as practicable, notify the holder of the result of the review; and

(b)for the next reporting period, the holder must use—

(i)the original method; or

(ii)another alternative method that complies with section 31A(3).

4Amendment of sch 6 (Dictionary)

(1)Schedule 6, definition reporting period—
omit.

(2)Schedule 6—
insert—

active bore field means a single bore, or a group of bores, being used to dewater the whole, or a particular part, of a surface mine or underground mine.

reporting period—

(a)for an exploration permit or a mineral development licence, means each 1-year period from the anniversary of the day the permit or licence takes effect; or

(b)for sections 31B and 31C, means the period starting on 1 July and ending on either—

(i)30 June; or

(ii)if the period relates to a mineral development licence or a mining lease that expires or is surrendered on a day before 30 June—on that day.

surface mine means—

(a)a mine other than an underground mine; or

(b)the surface operations of an underground mine.

underground mine means a mine where workers normally work beneath the surface of the earth, and includes structures, apparatus and equipment that extend continuously from the surface into an underground mine, but does not include the surface operations of the mine.

5Regulation amended

This part amends the Petroleum and Gas (Production and Safety) Regulation 2004 .

6Insertion of new ch 2, pt 3, div 3

Chapter 2, part 3—
insert—

Division 3 Measuring and reporting the taking of non-associated water

61BRequirements for measuring the taking of non-associated water—Act, s 186(4)

(1)This section prescribes, for section 186(4) of the Act, the requirements for the measurement of the volume of non-associated water taken by a holder of a petroleum tenure.

(2)The volume of non-associated water taken must be calculated by—

(a)measuring the volume of non-associated water taken, in the area of the tenure, using a meter complying with AS 4747-2013 (Meters for non-urban water supply); or

(b)if non-associated water taken in the area of the tenure is transported by one or more vehicles—

(i)multiplying the maximum water storage capacity of each vehicle by the number of loads of water (whether part or full) transported by the vehicle (the per vehicle volume); and

(ii)if more than one vehicle is used—adding the per vehicle volume for each vehicle.

(3)Despite subsection (2), the holder may calculate, in whole or in part, the volume of non-associated water taken in the area of the tenure using an alternative method—

(a)submitted to the chief executive in writing with—

(i)information supporting the reliability and accuracy of the method; and

(ii)an explanation of why the alternative method is being used instead of the methods mentioned in subsection (2); and

(b) approved by the chief executive.

61CRequirements for reporting the taking of non-associated water—Act, s 186(4)

(1)This section prescribes, for section 186(4) of the Act, the requirements for the reporting of the volume of non-associated water taken by a holder of a petroleum tenure.

(2)For each reporting period, the holder must report—

(a)the total volume of the non-associated water taken in the area of the tenure during the reporting period; and

(b)for non-associated water extracted from a bore in the area of the tenure—

(i)the volume of non-associated water extracted from the bore during the reporting period; and

(ii)the source geological formation from which the non-associated water was taken; and

(iii)whether the source geological formation is artesian or subartesian; and

(c)the authorised activity for the tenure for which the non-associated water was used; and

(d)if, during the reporting period, the holder uses an alternative method under section 61B(3) for the first time—an explanation of the alternative method.

(3)Reporting under this section must be submitted using the Queensland Digital Exploration Reports System—

(a)if the reporting period ends on 30 June or 31 December—within 20 business days after the end of the reporting period; or

(b)otherwise—on the day the tenure expires or is surrendered.

(4)If a portion of a reporting period has elapsed before the commencement, the holder need only report, for that reporting period, information available to the holder after commencement.

61DChief executive may review alternative method

(1)This section applies if the holder uses an alternative method in accordance with section 61B(3) instead of a method mentioned in section 61B(2) (an original method).

(2)The chief executive may, at any time, review the alternative method to assess the reliability and accuracy of the method.

(3)If, as a result of the review, the chief executive no longer considers the alternative method to be reliable or accurate—

(a)the chief executive must, as soon as practicable, notify the holder of the result of the review; and

(b)for the next reporting period, the holder must use—

(i)the original method; or

(ii)another alternative method that complies with section 61B(3).

7Amendment of sch 12 (Dictionary)

Schedule 12—
insert—

non-associated water means water a holder of a petroleum tenure may take or interfere with under section 186(2) of the Act.

reporting period, in relation to a petroleum tenure, means—

(a)the period starting on 1 January and finishing on—

(i)30 June; or

(ii)if the tenure expires or is surrendered on a day falling between 1 January and 30 June—on that day; or

(b)the period starting on 1 July and finishing on—

(i)31 December; or

(ii)if the tenure expires or is surrendered on a day falling between 1 July and 31 December—on that day.

8Regulation amended

This part amends the Water Regulation 2016 .

9Amendment of s 139 (Declared underground water areas—Act, s 1046)

Section 139—
insert—

(7)However, subsection (4), and the limitation mentioned in subsection (6), do not apply to the taking or interfering with water if the taking or interference—

(a)is necessary for a prescribed activity in the Black River underground water area; and

(b)is carried out using a bore lawfully constructed—

(i)in the Black River underground water area; and

(ii)before 6 December 2016.

10Amendment of sch 5 (Water sharing rules)

(1)Schedule 5, entry for Lower Callide, Prospect Creek and Upper Callide groundwater sub-areas—
omit.

(2)Schedule 5—
insert—

Prospect Creek and Upper Callide groundwater sub-areas

Prospect Creek and Upper Callide groundwater sub-areas water sharing rules

11Amendment of sch 6 (Seasonal water assignments)

(1)Schedule 6, entry for Lower Callide, Prospect Creek and Upper Callide groundwater sub-areas—
omit.

(2)Schedule 6—
insert—

Prospect Creek and Upper Callide groundwater sub-areas

water licence to take underground water

Prospect Creek and Upper Callide groundwater sub-areas seasonal water assignment rules

12Amendment of sch 11 (Metered entitlements)

Sch 11, entry for Gowrie-Oakey Creek water management area—
omit, insert—

Gowrie and Oakey Creek water management area, zones GOU-1, GOU-2, GOU-3 and GOU-4 under the Water Plan (Condamine and Balonne) 2004

all water entitlements to take surface water, other than water entitlements for stock or domestic purposes only

30 November 2021 for water allocations with flow conditions 30 November 2019 for other water entitlements