(1) Subject to the provisions of this Part with regard to the renewal of licences, a licence may be renewed from time to time by the Ministerial Corporation on the application of the licensee or of the owner of the land upon which the licensed work is situated and payment of the prescribed fee. Such application shall be made before the licence expires but the Ministerial Corporation may deal with an application even if it is lodged later.(1A) Pending consideration of the application by the Ministerial Corporation or the decision of the Land and Environment Court on appeal the licence shall not lapse, but should the required fee be not paid within the prescribed time or the application be not granted, the licence shall lapse.(1B) No renewal, except in respect of a licence granted to a Department of the State, the Rail Corporation New South Wales, the Board of Fire Commissioners of New South Wales, or to a county council, or any board or joint committee in respect of works of water supply affecting more than one of such councils jointly, a council within the meaning of the Local Government Act 1993, or such other statutory body as may be prescribed, shall be for a period that, except in such circumstances as may be prescribed, exceeds 10 years.(1C) An application for renewal of a licence for a work constructed or used for the purpose of irrigation or water supply shall be accompanied by:(a) particulars of the maximum rate at which water may be taken from the river or lake by means of the licensed work,(b) particulars of the estimated quantity of water proposed to be taken annually,(c) particulars of the purpose or purposes for which the water is to be used, and(d) if the work is for the purpose of irrigation, particulars of the area and location of the land being irrigated and the class or classes of crops to be grown thereon.(1D) Where the Ministerial Corporation deals with an application for renewal lodged after the licence expires, subsection (1A) has effect as if the application had been under consideration since before the expiration of the licence.(2) Where the Ministerial Corporation decides that the application for the renewal of a licence shall not be granted, or that the renewal of a licence shall be subject to a period, terms, limitations and conditions differing from those which were previously attached to the licence, the applicant shall within twenty-eight days after the posting to the applicant by the Ministerial Corporation of a notification of the refusal of the application, or of particulars of such period, terms, limitations and conditions, as the case may be, have the right of appeal to the Land and Environment Court against the decision of the Ministerial Corporation. the decision of the Court shall be final.
The appeal shall be made as prescribed by rules of Court and be accompanied by a fee of ten dollars as security for the costs of the appeal. Notice in the prescribed form of appeal shall be given by the appellant to the Ministerial Corporation with the lodging of the appeal in the Court.(2A) Where the Ministerial Corporation decides that the application for the renewal of a licence issued under section 13A shall be granted the Ministerial Corporation shall notify the owners and occupiers of the intervening lands set out in the licence of such decision and of the period, terms, limitations and conditions to be attached to the renewal of the licence, and any such owner or occupier may, within twenty-eight days after the posting to the owner or occupier of such notification, lodge with the Ministerial Corporation an objection to the Ministerial Corporation’s decision to grant the application or to the said period, terms, limitations and conditions. Every such objection shall be in writing and shall specify the grounds of objection.
Where an objection has been lodged under the provisions of this subsection the application shall be dealt with in the manner provided in section 13A (4) for an application for a licence.(3) Subject to the said right of appeal a renewal of a licence may be subject to such terms, limitations and conditions as the Ministerial Corporation deems expedient in the public interest, and, without prejudice to the generality of the foregoing provisions of this subsection, such terms, limitations and conditions may include:(a) a limitation or reduction of the area of land which may be irrigated by water obtained by the licensed work,(b) a provision allowing any alteration in the licensed work which does not increase the quantity of the water conserved or obtained thereby.(3A) Notwithstanding the provisions of subsections (2) and (3) an applicant shall have no right of appeal:(a) where the reduction of the area of land or of any class of crops or plantings which may be irrigated by water obtained by the licensed work or the reduction of the quantity of water which may be taken by the licensed work is imposed by the operation of section 13B (3), or(b) against the decision of the Ministerial Corporation whereby conditions are applied to the renewal of a licence under the provisions of section 13C (4) and (5).(4) This section shall apply to and in respect of licences granted or renewed before the commencement of the Water (Amendment) Act 1936, as well as to licences granted or renewed after such commencement.(5) Unless the appellant and the Ministerial Corporation otherwise agree any appeal under this section shall (subject to the concurrence of the Land and Environment Court) be heard at such venue as in the opinion of the Court is as near as conveniently may be to the site of the work in respect of which such appeal has been lodged as aforesaid.