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Water authorisations
We regulate the water use of resources projects to ensure any impacts can be assessed and managed.
The requirements differ according to the type of water (e.g. surface water, underground water) and whether the water is being taken in the process of extracting the resource, or for other uses.
This guide explains the current water authorisation requirements for mining, petroleum and gas projects, as well as transitional provisions introduced when legislation was amended in 2016.
Understanding water authorisation requirements
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.
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.
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.
Water authorisations for associated water
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
Resource authority type | Application date | Requirements for water entitlements |
---|---|---|
Petroleum and gas authorities | N/A | None required |
Mining leases and mineral development licences | Environmental authority applied for on or after 6 December 2016 | None required |
Mining leases and mineral development licences | Environmental authority applied for before 6 December 2016 | Associated water licence may be required |
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.
Authorisations for surface water, overland flow and non-associated underground water
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, you'll need an authorisation 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 management areas can be viewed on Queensland Globe.
Note: Following changes to the Petroleum and Gas (Production and Safety) Act 2004, authorities issued under this Act now require an authorisation (i.e. water licence or permit) to take non-associated underground water if they are located in a regulated underground water area. As a transitional measure, relevant petroleum authority holders in the Surat Cumulative Management Area have been given until December 2021 to apply for a water licence or permit to cover their existing take of non-associated underground water.
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.
- Read the Guideline: Works that interfere with water in a watercourse for a resource activity—watercourse diversions authorised under the Water Act 2000 (PDF, 2MB) for assistance, and contact your local business centre to confirm requirements.
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, Manufacturing, Infrastructure and Planning.
Summary of requirements
Type of water | Used for | Authorisations |
---|---|---|
Surface water, overland flow, underground water | Emergencies, firefighting, disaster preparation and recovery | Generally not required |
Surface water, overland flow, non-associated underground water | Consumptive uses |
Allocation, licence or permit to take water required – check the water plan and the Water Regulation Development approval for associated works, such as pumps and bores may be required |
Surface water | Watercourse diversions | Water licence may be required unless the diversion is authorised by your environmental authority Development approval to construct associated works may be required |
Surface water | Excavations, placing fill or interfering with native vegetation in watercourses, lakes and springs | Riverine protection permit usually required |
Associated water licences
Associated water licences are a transitional measure, designed to ensure consistency in the assessment of groundwater impacts.
On 20 October 2022, the Department of Regional Development, Manufacturing and Water granted an associated water licence for the New Acland Coal Stage 3 Project (PDF, 1.3MB) with strict conditions.
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
Water information for resources applications
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.
© The State of Queensland 1995–2024
- Last reviewed: 08 Sep 2021
- Last updated: 08 Sep 2021