For many years, we have assisted water bore owners in Queensland.
Water is a precious commodity and bores have a direct bearing on rural property values.
The make good obligations to the owners of water bores by the holders of resource tenures in Queensland is of critical importance to bore owners, as is the likelihood of, or actual, impairment to water bores by resource activities
It may be that you have been approached by a holder of a resources tenure concerning your water bore, or you may consider that your bore has been impaired by the underground water rights being exercised by a holder of a resources tenure.
What can we do?
You might already have a make good agreement, bore assessment or baseline assessment for your bore, or you 3might have been approached about a new agreement or assessment. You might also be seeking to enforce rights and entitlements concerning your impaired water bore.
Our team can assist you with all matters relating to your water bore. Critically, we can assist with negotiations, getting appropriate make good measures, compensation, access and agreements.
We assist our clients with the swift navigation and resolution of all issues about compliance.
If negotiations fail or any compliance issues cannot be resolved informally our team provides representation in court.
Our team has the knowledge and experience to assist our clients navigating the statutory processes applicable to this area of law, and both understanding and exercising their rights and entitlements.
Our team is experienced in assisting and advising the owners of water bores with respect to the impacts caused by the exercise of underground water rights by resource tenure holders. This includes with respect to:
- baseline assessments
- bore assessments
- make good agreements
- hydrogeological assessment and identification of impacts
- determination of impaired capacity
- determining fair compensation
- determining appropriate and fair make good measures
- statutory dispute resolution and negotiation processes including compulsory conferences, mediation, arbitration and settlement conferences
- material change of circumstances claims
- obligations to negotiate a variation of make good agreements
- court proceedings
Want more information?
If you are coming to this area for the first time, or revisiting it after a long break, you will see that there are many terms unique to the area. We have set out below a general summary of the area to give a broad overview for those people starting their research into the area.
In Queensland chapter 3 of the Water Act 2000 (Qld) requires the holders of ‘resource tenure’ to manage impacts on the underground water caused by the exercise of underground water rights by the holders of those tenures.
Resource tenure is defined as including:
- ‘mining tenure’ which includes mineral development licenses and mining leases issued pursuant to the Mineral Resources Act 1989 (Qld); and
- ‘petroleum tenure’ which includes the authorities issued pursuant to the Petroleum and Gas (Production and Safety) Act 2004 (Qld) and the Petroleum Act 1923 (Qld)
Resource tenures give the holders the rights to take underground water. Accompanying these rights, are obligations to comply with the underground water management framework in the Water Act 2000 (Qld) including the undertake bore assessments and make good water bores with impaired capacity in certain circumstances.
There is a specific dispute resolution and negotiation process prescribed by the Water Act 2000 (Qld) with respect to the negotiation of a make good agreement. If the parties fail to negotiate the agreement, that legislation also provides jurisdiction for the Land Court to determine the issues in dispute (e.g. compensation, make good measures and obligations, and any contractual conditions).
The Water Act 2000 (Qld) also provides for the negotiation of a variation to a make good agreement.
If you wish to discuss this area or would like any assistance please get in touch.
