There are special requirements that apply to the resources industry with regards to underground water.

Water entitlements for surface water and overland flow water are managed under the same processes that apply to all other water entitlement holders.

Underground water

To understand the requirements for underground water, it's important to distinguish between associated underground water and other underground water (known as 'non-associated water').

Associated water

Associated water is groundwater that you take (or interfere with) in the process of carrying out an authorised activity. 'Authorised activity' means any activity that is authorised by your resource authority.

Examples of associated water include water removed from coal seams to release coal seam gas or dewatering mine pits to allow continued mining activity.

Associated water is managed through the underground water management framework in Chapter 3 of the Water Act 2000. This is administered by the Department of Environment, Science and Innovation.

• Read about the authorisations required for associated water.

Other underground water (non-associated water)

Other underground water used in resource projects is managed in the same way as surface water and overland flow water (see below).

This includes, for example, water taken from a bore or a watercourse specifically for mining camps or dust suppression.

• Read about authorisations for surface water, overland flow and non-associated water.

Surface water and overland flow

Surface water and overland flow water (as well as non-associated underground water) are managed under the same processes and rules that apply to other water entitlement holders (e.g. irrigators, landholders).

These processes are administered under Chapter 2 of the Water Act 2000 by the Department of Regional Development, Manufacturing and Water.

• Read about authorisations for surface water, overland flow and non-associated water.

Transitional arrangements

At the end of 2016, legislation was amended to ensure requirements were consistent across all resource authorities:

• mineral and coal authorities (mining leases and mineral development licences) now have the statutory right to take associated water under their resource authority (underground water right), just as for petroleum and gas authorities
• petroleum and gas authorities are now required to obtain a licence or permit for non-associated underground water if they are located in a regulated underground water area, just as for mineral and coal authorities.

Transitional requirements were introduced to allow resource authority holders to adjust to the new regulations and to ensure all resource applications are subject to the same level of scrutiny regarding their groundwater impacts.

Transitional requirements are identified in the following pages of this guide.

The water authorisation requirements for associated water are outlined below and summarised in the table at the bottom of this page.

Coal and mineral mining projects

Resource authorities this applies to

• Mineral development licence
• Mining lease

Requirements

Pre 6 December 2016 applications

Transitional provisions apply to mining projects that had proceeded part way, or completely, through the environmental authority and mining tenure application process prior to 6 December 2016 (when the legislative amendments commenced). These projects may require an associated water licence.

Post 6 December 2016 applications

Mining projects whose application for an environmental authority and mining tenure was made on or after 6 December 2016 have statutory rights to associated water provided under the Mineral Resources Act 1989 (underground water rights). These projects do not need an associated water licence but have reporting obligations.

Groundwater impacts from these projects will be assessed upfront and conditioned under their environmental authority.

Ongoing impacts to groundwater are managed through the underground water management framework, which includes obligations for resource authority holders.

Petroleum and gas projects

Resource authorities this applies to

• Authority to prospect
• Petroleum lease

Requirements

Petroleum and gas authority holders have statutory rights to associated water (underground water rights) provided under the Petroleum and Gas (Production and Safety) Act 2004 or the Petroleum Act 1923. These projects do not need an associated water licence but have reporting obligations.

Groundwater impacts from these projects will be assessed upfront and conditioned under their environmental authority.

Ongoing impacts to groundwater are managed through the underground water management framework, which includes obligations for resource authority holders.

Summary of requirements

Also consider…

• Read more about water reporting for coal and mineral activities.
• Find out more about water reporting for petroleum and gas activities.
• View the technical information requirements for an environmental authority application.

Entitlements for surface water, overland flow water and non-associated underground water are managed under the same processes that apply to all rural water users, and come with the same rights and obligations.

Authorisations to take water

Surface water and overland flow

You will generally need an authorisation to take surface water and overland flow water. The requirements depend on the water plan in the catchment where the project is located.

Non-associated underground water

If you plan to take underground water (also called ‘groundwater’), you'll need an authorisation (i.e. water licence or permit) if you are in an area where underground water is managed. Check the water plan for any management rules, as well as the list of declared underground water areas in the Water Regulation 2016, Schedule 17.

Water plans and underground water management areas can be viewed on Queensland Globe.

Authorisations to interfere with water

Water licences may be required for watercourse diversions and impoundments.

In some circumstances, the diversion may be authorised under an environmental authority process. Otherwise, a separate water licence will be required under the Water Act 2000.

Contact your local business centre to confirm requirements.

In some cases, resource extraction can cause land subsidence (the gradual or sudden sinking of the land). This can result in ‘ponding’ as overland flow water settles in the subsided land. This is an example of interference with overland flow water. Under the Water Act 2000, these instances of unintentional overland flow interference are allowed and do not require an entitlement.

If you are excavating or placing fill in rivers or lakes you will generally need a riverine protection permit.

Development approvals for water-related works

Water-related works, such as water bores, wells or dams, may need a development approval under the Planning Act 2016 if located outside of the resource tenure. These are administered by the Department of State Development and Infrastructure.

Summary of requirements

Associated water licences are a transitional measure, designed to ensure consistency in the assessment of groundwater impacts.

Resource authorities

Resource authorities this applies to:

• Mineral development licences
• Mining leases.

If you applied for an environmental authority (EA) before 6 December 2016, you may need to apply for an associated water licence.

You will need to apply for an associated water licence if all of the following apply:

• the application area is in an underground water management area
• the project's take of associated water isn't authorised under s.1283 of the Water Act 2000
• before 6 December 2016, your project either:
  • had an EA
  • or
  • had applied for an EA
  • or
  • was a notified coordinated project.
• the project does not already hold a water licence or permit to authorise the take of associated water.

To confirm requirements for your project, contact your local business centre for advice.

How to apply

You need to make a separate application for an associated water licence with the Department of Regional Development Manufacturing and Water. You cannot apply as part of your mining lease or mineral development licence application.

See the Application for an associated water licence (PDF, 272KB) for a checklist of the information and data required.

What happens next?

An associated water licence can only be granted after your mining lease or mineral development licence has been granted.

In making the decision about the associated water licence, the Department of Regional Development Manufacturing and Water will consult with the Department of Environment, Science and Innovation.

The time it takes to assess your application will depend on:

• the quality of the application
• the complexity of the project
• specific water issues related to the project
• the level of public interest.

We may publish a public notice about the application and seek public input into the assessment process. In this case, public submissions will be considered in determining the outcome of the application.

Contact us for further information on time frames.

Also consider...

• View the conditions of the associated water licence (PDF, 1.3MB) granted for New Acland Coal Stage 3 Project

When applying for a water licence or environmental authority (EA), you will need to provide a range of hydrological and other information. You may find the following information sources helpful.

You can find general guidance on the information required for environmental assessments and associated water licence applications in the Independent Expert Scientific Committee's Information guidelines for preparing coal seam gas and large coal mining development proposals.

Water plans

The water plans for your area will provide information on the management of water in the area, including available water, licensing criteria and dealing/trading rules.

Underground water information

Underground water management areas

The water plans for your area will provide information on underground water management areas. Additional declared underground water management areas are listed in the Water Regulation 2016 Schedule 17.

Bores and geological information

You can find information on surrounding water bores and other geological information in Queensland Globe.

Baseline assessments

You may need to undertake localised baseline measurement and assessment on water levels and aquifer hydraulic characteristics through monitoring and investigation bores and aquifer testing.

You may also need to undertake baseline assessment of other water bores that may potentially be impacted by the project.

The following tools and documents may be helpful to help you compile relevant information. Follow the links to access:

• bore information on Queensland Globe
• groundwater monitoring data
• baseline assessment guideline and other underground water guidance.

Accessing land to collect data

If you have an existing resource authority over the land, you may be able to access the land under the land access rules that apply to these authorities.

If you don't have an existing authority, you'll need to negotiate with the owner and/or occupier of the property.

Water monitoring and information gathering authorities

You can apply for a water monitoring authority over land outside the area of your mining lease or mineral development licence to comply with your obligations.

There are also information gathering authorities available for petroleum and gas activities.