Northern Territory Bills Northern Territory Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Serial 80
Water
Amendment Bill 2019
Ms
Lawler
A Bill for an Act to amend the Water Act 1992
NORTHERN TERRITORY OF AUSTRALIA
WATER AMENDMENT ACT 2019
____________________
Act No. [ ] of 2019
____________________
Table of provisions
4A Meaning
of hydraulic fracturing waste
Division
3 Hydraulic fracturing
waste
17A Hydraulic fracturing waste and water
17B Application of section 17A
17C Evidentiary
matters
45A No
licence to take water for petroleum
activity
60A Licence
to take ground water for hydraulic
fracturing
Part
16 Transitional
matters for Water Amendment Act 2019
117 Application
of section 60A
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2019
____________________
An Act to amend the Water Act 1992
[Assented to [ ] 2019]
[Introduced [ ] 2019]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Water Amendment Act 2019.
This Act commences on the day fixed by the Administrator by Gazette notice.
This Act amends the Water Act 1992.
4 Section 4 amended (Interpretation)
Section 4(1)
insert
hydraulic fracturing means the underground gas and oil extraction process that involves the injection of fluids at high pressure into a geological formation to induce fractures that conduct hydrocarbons for extraction.
hydraulic fracturing waste, see section 4A.
After section 4
insert
4A Meaning of hydraulic fracturing waste
(1) Hydraulic fracturing waste is any of the following that is leftover from, surplus to or an unwanted by-product of hydraulic fracturing, whether it has been treated or is untreated:
(a) a solid, liquid or gas;
(b) a mixture of those substances.
(2) In addition, hydraulic fracturing waste includes a substance or a class of substances prescribed by regulation.
Part 2, heading
omit
and pollution
insert
, pollution and hydraulic fracturing waste
After section 17
insert
Division 3 Hydraulic fracturing waste
17A Hydraulic fracturing waste and water
(1) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct results in, directly or indirectly:
(i) hydraulic fracturing waste coming into contact with water; and
(ii) serious environmental harm; and
(c) the person has knowledge of the result.
Penalty: environmental offence level 1.
(2) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct results in, directly or indirectly:
(i) hydraulic fracturing waste coming into contact with water; and
(ii) serious environmental harm; and
(c) the person is reckless in relation to the result.
Penalty: environmental offence level 2.
(3) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct results in, directly or indirectly:
(i) hydraulic fracturing waste coming into contact with water; and
(ii) material environmental harm; and
(c) the person has knowledge of the result.
Penalty: environmental offence level 2.
(4) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct results in, directly or indirectly:
(i) hydraulic fracturing waste coming into contact with water; and
(ii) material environmental harm; and
(c) the person is reckless in relation to the result.
Penalty: environmental offence level 3.
(5) A person commits an offence if the person engages in conduct that results in, directly or indirectly, hydraulic fracturing waste coming into contact with water.
Penalty: environmental offence level 4.
(6) Strict liability applies to subsection (5).
(7) In this section:
water means:
(a) water flowing or contained in a waterway; or
(b) ground water; or
(c) tidal water.
17B Application of section 17A
(1) Section 17A does not apply if:
(a) hydraulic fracturing waste is produced water or flowback fluid; and
(b) the hydraulic fracturing waste comes into contact with ground water during the process of hydraulic fracturing.
(2) In this section:
flowback fluid means fluid that is a mixture of hydraulic fracturing fluid and formation fluid that is allowed to flow from the well following hydraulic fracturing.
produced water means naturally occurring water that is extracted from a geological formation following hydraulic fracturing.
In a proceeding for an offence against section 17A, proof of the existence on land, where hydraulic fracturing has occurred or is occurring, of any of the following things is evidence that hydraulic fracturing waste came into contact with water at the time the thing existed:
(a) a drain;
(b) a pond;
(c) a dump;
(d) any other means (including mechanical means) by which hydraulic fracturing waste is capable of being conveyed, retained or deposited so that it may, directly or indirectly, come into contact with water.
After section 45
insert
45A No licence to take water for petroleum activity
The Controller must not grant a licence under section 45 if the proposed beneficial use of water under the licence is petroleum activity.
After section 60
insert
60A Licence to take ground water for hydraulic fracturing
(1) This section applies in relation to an application for a licence, or a licence proposed to be granted on the Controller's own initiative, to take water from a bore if:
(a) the proposed beneficial use of water under the licence is petroleum activity that includes hydraulic fracturing; and
(b) one or more designated bores are located within 1 km of the bore.
(2) The Controller must not grant the licence unless:
(a) the owner of each designated bore mentioned in subsection (1)(b) consents to the grant of the licence; or
(b) hydrogeological investigations and ground water monitoring indicate that the activities under the licence will not have any adverse effect on the supply of water to any designated bore mentioned in subsection (1)(b).
(3) In this section:
designated bore means any of the following:
(a) a bore used for rural stock and domestic beneficial use;
(b) a bore in relation to which a water extraction licence has been granted;
(c) a proposed bore in relation to which the Controller has received but not yet decided an application for a bore work permit under section 57(1) that is proposed to be used for:
(i) rural stock and domestic beneficial use; or
(ii) a use that requires the grant of a water extraction licence;
(d) a proposed bore in relation to which a bore work permit under section 57(1) is in force that is proposed to be used for:
(i) rural stock and domestic beneficial use; or
(ii) a use that requires the grant of a water extraction licence.
owner, of a designated bore, means:
(a) if a permit or licence under this Act is in force in relation to the bore – the holder of the permit or licence; or
(b) if the designated bore is a proposed bore in relation to which the Controller has received an application under section 57(1) – the person who has made the application to construct the bore; or
(c) if a bore exists but there is no permit or licence under this Act in force in relation to the bore – the person who uses or maintains the bore.
10 Section 67 amended (Grant of recharge licence)
After section 67(3)
insert
(4) The Controller must not grant a licence that permits the increase of water contained in an aquifer with water that is or contains hydraulic fracturing waste.
After section 116
insert
Part 16 Transitional matters for Water Amendment Act 2019
117 Application of section 60A
Section 60A applies in relation to an application under section 60(1) that was made but not decided by the Controller before the commencement of section 9 of the Water Amendment Act 2019.
This Act is repealed on the day after it commences.
[Index] [Search] [Download] [Related Items] [Help]