Part 3(1) This Part applies to:(a) each part of the State or each water source, and(b) each type or kind of approval that relates to that part of the State or that water source,that is declared by proclamation to be a part of the State or water source, and type or kind of approval, to which this Part applies.Editorial note. For declarations proclaimed under this subsection see Gazettes No 110 of 1.7.2004, p 5004; No 120 of 29.9.2006, p 8441; No 127 of 27.10.2006, pp 8906, 8907; No 83 of 29.6.2007, p 3967; No 10 of 25.1.2008, p 151; No 11 of 31.1.2008, p 213; No 76 of 27.6.2008, p 5871; No 93 of 26.6.2009, p 3581; No 109 of 31.7.2009, p 4665; 2010 (342) LW 1.7.2010; 2010 (739) LW 17.12.2010; 2011 (104) LW 28.2.2011; 2011 (152) LW 3.3.2011 and 2011 (153) LW 3.3.2011.(2) Despite subsection (1), specified provisions of this Part may be declared by proclamation to apply to the whole of the State, and apply accordingly.
(1) A water use approval confers a right on its holder to use water for a particular purpose at a particular location.(2) A water use approval may authorise the use within New South Wales of water taken from a water source outside New South Wales.
90 Water management work approvals
(1) There are three kinds of water management work approvals, namely, water supply work approvals, drainage work approvals and flood work approvals.(2) A water supply work approval authorises its holder to construct and use a specified water supply work at a specified location.(3) A drainage work approval confers a right on its holder to construct and use a specified drainage work at a specified location.(4) A flood work approval confers a right on its holder to construct and use a specified flood work at a specified location.
(1) There are two kinds of activity approvals, namely, controlled activity approvals and aquifer interference approvals.(2) A controlled activity approval confers a right on its holder to carry out a specified controlled activity at a specified location in, on or under waterfront land.(3) An aquifer interference approval confers a right on its holder to carry out one or more specified aquifer interference activities at a specified location, or in a specified area, in the course of carrying out specified activities.Note. Examples of where an aquifer interference approval may be needed include mining operations, road construction and any other large scale activity that involves excavation.
91A Using water without, or otherwise than as authorised by, a water use approval
(1) A person:(a) who uses water from a water source to which this Part applies, and(b) who does not hold a water use approval for that use,is guilty of an offence.Tier 2 penalty.
(2) A holder of a water use approval who uses water from a water source to which this Part applies:(a) otherwise than as authorised by the approval, or(b) if an access licence specifies or restricts the purposes for which the water may be used, otherwise than as authorised by the licence,is guilty of an offence.Tier 2 penalty.
(3) Without limiting subsection (2), a person uses water otherwise than as authorised by a water use approval if the person uses water while the approval is suspended.(4) This section does not apply to water that is supplied by a major utility, local water utility or irrigation corporation or by a private irrigation board or private water trust holding a water use approval for the use concerned.
91B Constructing or using water supply work without, or otherwise than as authorised by, a water supply work approval
(1) A person:(a) who constructs or uses a water supply work, and(b) who does not hold a water supply work approval for that work,is guilty of an offence.Tier 2 penalty.
(2) A holder of a water supply work approval who constructs or uses a water supply work otherwise than as authorised by the approval is guilty of an offence.Tier 2 penalty.
(3) Without limiting subsection (2), a person constructs or uses a water supply work otherwise than as authorised by a water supply work approval if the person constructs or uses such a work while the approval is suspended.(4) This section does not prevent a person from constructing or using a drainage work or flood work in accordance with a drainage work approval or flood work approval.
91C Constructing or using drainage work without, or otherwise than as authorised by, a drainage work approval
(1) A person:(a) who constructs or uses a drainage work, and(b) who does not hold a drainage work approval for that work,is guilty of an offence.Tier 2 penalty.
(2) The holder of a drainage work approval who constructs or uses a drainage work otherwise than as authorised by the approval is guilty of an offence.Tier 2 penalty.
(3) Without limiting subsection (2), a person constructs or uses a drainage work otherwise than as authorised by a drainage work approval if the person constructs or uses such a work while the approval is suspended.(4) This section does not prevent a person from constructing or using a water supply work or flood work in accordance with a water supply work approval or flood work approval.
91D Constructing or using flood work without, or otherwise than as authorised by, a flood work approval
(1) A person:(a) who constructs or uses a flood work, and(b) who does not hold a flood work approval for that work,is guilty of an offence.Tier 2 penalty.
(2) The holder of a flood work approval who constructs or uses a flood work in or in the vicinity of a river or lake, or within a floodplain, otherwise than as authorised by the approval is guilty of an offence.Tier 2 penalty.
(3) Without limiting subsection (2), a person constructs or uses a flood work otherwise than as authorised by a flood work approval if the person constructs or uses such a work while the approval is suspended.(4) This section does not prevent a person from constructing or using a water supply work or drainage work in accordance with a water supply work approval or drainage work approval.
91E Carrying out controlled activity without, or otherwise than as authorised by, a controlled activity approval
(1) A person:(a) who carries out a controlled activity in, on or under waterfront land, and(b) who does not hold a controlled activity approval for that activity,is guilty of an offence.Tier 2 penalty.
(2) The holder of a controlled activity approval who carries out a controlled activity in, on or under waterfront land otherwise than as authorised by the approval is guilty of an offence.Tier 2 penalty.
(3) Without limiting subsection (2), a person carries out a controlled activity otherwise than as authorised by a controlled activity approval if the person carries out such an activity while the approval is suspended.(4) This section does not prevent a person:(a) from constructing and using a water management work in accordance with a water management work approval, or(b) from carrying out an aquifer interference activity in accordance with an aquifer interference approval.
91F Carrying out aquifer interference activity without, or otherwise than as authorised by, an aquifer interference approval
(1) A person:(a) who carries out an aquifer interference activity, and(b) who does not hold an aquifer interference approval for that activity,is guilty of an offence.Tier 2 penalty.
(2) The holder of an aquifer interference approval who carries out an aquifer interference activity otherwise than as authorised by the approval is guilty of an offence.Tier 2 penalty.
(3) Without limiting subsection (2), a person carries out an aquifer interference activity otherwise than as authorised by an aquifer interference approval if the person carries out such an activity while the approval is suspended.(4) This section does not prevent a person:(a) from constructing and using a water management work in accordance with a water management work approval, or(b) from carrying out a controlled activity in accordance with a controlled activity approval, or(c) from using a building or work that has been erected or carried out in accordance with a controlled activity approval.
91G Contravention of terms and conditions of approval
A person who constructs or uses a water management work, or carries out a controlled activity or aquifer interference activity, pursuant to an approval is guilty of an offence if the person contravenes any term or condition of the approval.Tier 2 penalty.
91H Failure to install or maintain metering equipment
(1) A person is guilty of an offence if the person fails to install any metering equipment that, pursuant to:(a) the conditions of an access licence or approval, or(b) a direction under section 326,the person is required to install in connection with a water supply work or drainage work.Tier 2 penalty.
(2) A person is guilty of an offence if the person fails to ensure the proper operation of any metering equipment that, pursuant to:(a) the conditions of an access licence or approval, or(b) a direction under section 326,the person is required to install in connection with a water supply work or drainage work.Tier 2 penalty.
91I Taking water when metering equipment not working
(1) A person:(a) who takes water from a water source to which this Part applies by means of a metered work while its metering equipment is not operating properly or is not operating, and(b) who intentionally or negligently fails to ascertain whether the metering equipment is operating properly,is guilty of an offence.Tier 1 penalty.
(2) A person who takes water from a water source to which this Part applies by means of a metered work while its metering equipment is not operating properly or is not operating is guilty of an offence.Tier 2 penalty.
(3) Subsection (2) does not apply if:(a) the person is authorised by the Minister in writing to take water by means of a metered work while its metering equipment is not operating properly or is not operating, and(b) the water is taken in accordance with any conditions specified in the authorisation and any requirements prescribed by the regulations for the purposes of this subsection.(4) In this section, metered work means a water management work in connection with which metering equipment has been installed:(a) pursuant to the conditions of an access licence or approval, or(b) pursuant to a direction under section 326, or(c) by or with the written authority of the Ministerial Corporation or the State Water Corporation.
91J Failure to keep metering records
A person is guilty of an offence if the person fails to keep metering records that, pursuant to:(a) the conditions of an access licence or approval, or(b) a direction under section 326,the person is required to keep in connection with a water supply work or drainage work.Tier 2 penalty.
(1) A person is guilty of an offence if the person interferes with, damages, destroys or disconnects any metering equipment that has been installed in connection with a water supply work or drainage work, and does so intentionally or recklessly.Tier 1 penalty.
(2) A person is guilty of an offence if the person interferes with, damages, destroys or disconnects any metering equipment that has been installed in connection with a water supply work or drainage work.Tier 2 penalty.
(3) Without limiting subsections (1) and (2), a person interferes with metering equipment if the person unseals any sealed component of the equipment, blocks any part of the equipment, attaches to the equipment any device that is likely to affect the operation of the equipment or disconnects the equipment from its source of power.(4) This section does not apply to anything:(a) that a duly qualified person, or a person specified under section 326 (2A), does to metering equipment (other than metering equipment that may only be maintained, repaired, modified or replaced by the Ministerial Corporation or the State Water Corporation) for the sole purpose of maintaining, repairing or replacing the equipment, or(b) that is done to metering equipment by or with the written authority of the Ministerial Corporation or the State Water Corporation under this Act or the State Water Corporation Act 2004.(5) In this section, duly qualified person means a person who has such qualifications, skills and experience as are prescribed by the regulations.
91L Liability of occupier of premises for certain offences
(1) The occupier of premises at which:(a) a water management work has been constructed or used in contravention of a provision of this Division, or(b) a controlled activity or aquifer interference activity has been carried out in contravention of a provision of this Division,is taken to have contravened that provision.(2) However, subsection (1) does not apply if it is established that:(a) the work was constructed or used, or the activity was carried out, by a person other than the occupier, and(b) the other person was not associated with the occupier at the time the work was constructed or used or the activity was carried out, and(c) the occupier took all reasonable steps to prevent the work being constructed or used or the activity being carried out.A person is associated with the occupier for the purposes of paragraph (b) (but without limiting any other circumstances of association) if the person is an employee, agent, licensee, contractor or sub-contractor of the occupier.
(3) Subsection (1) does not prevent proceedings being taken under this Act against the person who actually committed the offence.
(1) It is a defence to a prosecution under this Division in relation to a Tier 1 offence if the accused person establishes:(a) that the commission of the offence was due to causes over which the person had no control, and(b) that the person took reasonable precautions and exercised due diligence to prevent the commission of the offence.(2) It is a defence to a prosecution under this Division in relation to the doing of anything without an approval if the accused person establishes:(a) that the water was taken pursuant to a basic landholder right, or(b) that the person was exempt, pursuant to this Act or the regulations, from any requirement for an approval in relation to the doing of that thing.(3) This Division does not prevent a person from doing anything pursuant to an entitlement in force under the Water Act 1912, where entitlement has the same meaning as it has in Schedule 10.
91N Corporations not required to hold approvals
Nothing in sections 91A–91D requires the Ministerial Corporation or the State Water Corporation to obtain an approval for the construction or use of metering equipment.
Division 2 Applications for approvals
(1) Subject to any embargo, any person may apply for an approval.(2) An application for an approval must be made to the Minister in accordance with the regulations.(3) The regulations may require the application to be accompanied by a management program for the land to which the application relates.(4) An application may relate to more than one approval, whether of the same or of a different kind, unless the Minister requires a separate application to be made in relation to one or more of them.(5) The Minister:(a) may require an applicant for an approval to provide additional information within a specified time if of the opinion that additional information would be relevant to consideration of the application, and(b) may delay consideration of the application until the information is provided or, if the information is not provided within the time specified, may refuse to consider the application.(6) The Minister may refuse to accept an application for an approval if it appears to the Minister that the application is incomplete.(7) The regulations may require any application, or any specified class of applications, to be advertised.(8) (Repealed)Note. Approvals are listed in section 91 of the Environmental Planning and Assessment Act 1979. Development that requires an approval is consequently integrated development for the purposes of that Act.
93 Objections to applications for approvals
(1) Any person may, in accordance with the regulations, object to the granting of an approval that has been advertised pursuant to section 92.(2) The Minister must inform the applicant for an approval of the grounds of any objection to the granting of the approval and must allow the applicant a specified time within which to make a written response to the Minister in relation to the objection.(3) The Minister:(a) may require an objector or applicant to provide additional information within a specified time if of the opinion that additional information would be relevant to consideration of the objection or response, and(b) may delay consideration of the objection or response until the information is provided or, if the information is not provided within the time specified, may refuse to consider the objection or response.(4) If there is a deficiency in an objection or response, the Minister may notify the objector or applicant accordingly and allow further time to enable the deficiency to be rectified.(5) Before making a decision on an application for the approval in respect of which any objection has been made, the Minister must endeavour to resolve the issues raised by the objection by means of consultation with the applicant and the objector, with a view to reaching agreement on the matters raised by the objection.(6) For the purpose of reaching such an agreement, the Minister may propose that the matters raised by the objection be dealt with by way of mediation or neutral evaluation involving an independent mediator or evaluator appointed by agreement between the applicant, the objector and the Minister.(7) The costs of any such mediation or neutral evaluation are to be paid for by the Minister.(8) An application or objection may be dismissed by the Minister if the applicant or objector, as the case may be, fails to participate in any mediation or neutral evaluation proceedings referred to in subsection (6).
94 Determination of applications affected by reviews by Planning Assessment Commission
(1) This section applies to any application for an approval in respect of which the Planning Assessment Commission has given notice of a review under the Environmental Planning and Assessment Act 1979 to the Minister before the Minister makes a decision on the application.(2) The Minister:(a) must refer to the Planning Assessment Commission:(i) the application (including any information furnished in relation to the application), and(ii) any objection to the application (including any information furnished in relation to the objection),whether the application or objection is made or lodged before or after the notice is received, and(b) must defer making any decision on the application until it receives the Commission’s report under the Environmental Planning and Assessment Act 1979.(3) In making a decision on the application, the Minister must have regard to the findings and recommendations contained in the Commission’s report under the Environmental Planning and Assessment Act 1979.(4) (Repealed)
95 Determination of applications
(1) After considering an application and all matters relevant to the application, the Minister is to determine the application:(a) by granting the approval to which the application relates, or(b) by refusing the application.(2) The Minister may, with the consent of the applicant concerned:(a) grant a combined approval instead of separate approvals in relation to more than one type of approval or in relation to more than one use, work or activity or type or kind of use, work or activity, or(b) combine a new approval with an existing approval so long as the period for which the new approval is granted expires at the same time as the period for which the existing approval was granted.(3) An approval may not be granted in contravention of the provisions of any relevant management plan.(4) An approval is to be in such form as the Minister may determine.(5) An approval takes effect:(a) at the end of the time permitted by section 368 (3) for making an appeal with respect to the decision to grant the approval, or(b) if an appeal is made against the decision within that time, at the time the appeal is finally disposed of.
96 Matters affecting consideration of applications
In considering whether or not to grant an approval, the Minister must take into account:(a) such matters as are prescribed by the regulations, and(b) such other matters as the Minister considers to be relevant.
97 Grounds of refusal of certain applications
(1) A water use approval is not to be granted unless the Minister is satisfied that adequate arrangements are in force to ensure that no more than minimal harm will be done to any water source, or its dependent ecosystems, as a consequence of the proposed use of water on the land in respect of which the approval is to be granted.(2) A water management work approval is not to be granted unless the Minister is satisfied that adequate arrangements are in force to ensure that no more than minimal harm will be done to any water source, or its dependent ecosystems, as a consequence of the construction or use of the proposed water management work.(3) (Repealed)(4) A controlled activity approval is not to be granted unless the Minister is satisfied that adequate arrangements are in force to ensure that no more than minimal harm will be done to any waterfront land as a consequence of the carrying out of the proposed controlled activity.(5) A water management work approval for a water management work that is, or is proposed to be, situated on land not owned by the applicant is not to be granted unless the Minister is satisfied:(a) that the applicant is likely to become the owner of the land within a reasonable time, or(b) that the land is subject to an easement that authorises the construction and use of such a work for the benefit of the applicant’s land, or(c) that the applicant is otherwise entitled (whether under this or any other Act or under an agreement applying to the land) to construct and use such a work.(6) An aquifer interference approval is not to be granted unless the Minister is satisfied that adequate arrangements are in force to ensure that no more than minimal harm will be done to the aquifer, or its dependent ecosystems, as a consequence of its being interfered with in the course of the activities to which the approval relates.
After determining an application under this Division, the Minister must cause notice of the determination to be given to the applicant and, if the application relates to an approval that has been advertised pursuant to section 92, to each person who has made an objection to the Minister in connection with the application.
99 Procedures in relation to integrated development
(1) In this section, consent authority, development consent and integrated development have the same meanings as they have in the Environmental Planning and Assessment Act 1979.(2) The provisions of this Act with respect to the advertising of an application for an approval do not apply if the application relates to integrated development.(3) If a consent authority grants development consent to integrated development, either as a consequence of having obtained the general terms of any approval proposed to be issued by the Minister or as a consequence of the Minister having failed to inform the consent authority as to whether or not an approval will be granted:(a) no person has any right to lodge an objection under this Act to the granting of the approval, and(b) no person has any right under this Act to appeal to the Land and Environment Court against the granting of the approval.(4) Subsection (3) (b) does not affect any right of appeal to which an objector may be entitled under section 98 of the Environmental Planning and Assessment Act 1979.
Division 3 Conditions and duration of approvals
100 Conditions of approval generally
(1) An approval is subject to such conditions as the Minister may from time to time impose:(a) which must include such conditions as are required to be imposed on the approval by this Act or by any relevant management plan (mandatory conditions), and(b) which may include such other conditions, such as:(i) conditions to give effect to any agreement between an applicant and objector under section 93 (5), and(ii) conditions relating to the protection of the environment,as the Minister thinks fit (discretionary conditions).(1A) Mandatory conditions do not have effect in relation to an approval unless they are included in the terms of the approval.(2) A mandatory condition prevails over a discretionary condition to the extent of any inconsistency between them.(3) Without limiting the types of conditions relating to the protection of the environment that the Minister may impose under this section on a water management work approval, those conditions may include conditions relating to any or all of the following matters:(a) the undertaking of an investigation of the environmental impact of cold water releases and the options for mitigation of that impact,(b) the preparation of a program to mitigate the impact of cold water releases and the obtaining of approval to the program from the Minister,(c) the implementation of the program,(d) the monitoring and reporting on actions taken to implement the program and the impact of those actions on the environment,(e) the carrying out of new works or the making of alterations to existing works, or both,(f) the method of operation of water management works.Note. If a management plan or Minister’s plan is replaced or amended during the term of an approval, the mandatory conditions applying to the approval may vary.
101 Conditions of approval for joint schemes
(1) This section applies to a water management work approval granted in relation to a joint scheme, that is, a scheme under which landholders of different parcels of land hold a single water management work approval for a water management work located on, passing through or otherwise benefiting or affecting those parcels.(2) A water management work approval for a water management work the subject of a joint scheme is subject to such conditions as the regulations require and to such other conditions as the landholders concerned agree.(3) A regulation referred to in subsection (2) may impose conditions, in relation to the rights and duties of the landholders concerned in the joint scheme, with respect to the following matters:(a) the granting of access to the work,(b) the operation of the work,(c) the apportionment of water supplied by means of the work,(d) the apportionment of the cost of constructing and maintaining the work,(e) the apportionment of such other costs with respect to work as are prescribed by the regulations,(f) the exclusion of land from the joint scheme.
102 Imposition or variation of conditions after approval is granted
(1) The Minister may impose discretionary conditions on an approval after it has been granted, or may vary a discretionary condition, but only if the Minister:(a) has given written notice to the holder of the approval that the Minister proposes to impose such conditions or make such a variation, and(b) has given the holder of the approval a reasonable opportunity to make submissions to the Minister with respect to the proposed conditions or variation, and(c) has taken any such submissions into consideration.(2) Subsection (1) does not apply to conditions imposed on an approval, or a variation made, at the request of or with the consent of the holder of the approval.(3) Mandatory conditions are to be imposed on an approval whenever it becomes necessary to do so in order to give effect to a relevant management plan.(4) The Minister must cause written notice of any conditions imposed or variation made under this section to be served on the holder of the approval concerned.(5) A condition or variation referred to in subsection (4) takes effect on the day on which the notice referred to in that subsection is served on the holder of the approval or on such later day as may be specified in the notice in that regard.
The Minister may at any time revoke any discretionary conditions to which an approval is subject, whether or not on the application of the holder of the approval.
(1) Subject to this section, an approval has effect for such period as is specified in the approval (being a period not exceeding 10 years) or, if the period of the approval is extended under section 105, that extended period.(2) An approval granted to a major utility or a local water utility has effect for a period of 20 years or, if that 20-year period is extended under section 105, that extended period.(3) A water supply work approval for a bore that is used solely for accessing water to which the holder is entitled as a basic landholder right (other than water from the Great Artesian Basin) has effect until it is cancelled.(4) If an application for extension of an approval is lodged before the approval expires, the term of the expiring approval is extended until:(a) the date of the final decision on the application, or(b) a date fixed by the Minister for the approval,whichever is the later date.(5) If:(a) an approval expires without an application for its extension being made, and(b) an application for its extension is subsequently made by the former holder of an approval and is accompanied by a statutory declaration of the reasons for the delay in making the application, and(c) the reasons are accepted by the Minister,the term of the approval is taken to have been extended, and the application may be dealt with, as if the application had been made before the approval expired.
(1) The holder of an approval may, in accordance with the regulations, apply for an extension of the period for which the approval has effect.(2) A period for which an approval has effect may be extended more than once under this section, but each extension may not exceed the period for which an approval of that type could have originally been granted.(3) An application for an extension must be granted unless:(a) the relevant management plan provides, or the regulations provide, that an extension of such an approval must be assessed as if it were an application for a new approval, or(b) the application is required to be refused under subsection (4).(4) An application for an extension must be refused if:(a) in the case of a water use approval, the applicant has not certified that the extension is necessary because the particular purpose for which the approval was granted still exists, or(b) in the case of a water management work approval, the Minister is not satisfied that the applicant complies with section 97 (5), or(c) the applicant has not certified that the terms and conditions of the approval have been complied with.(5) If assessment of an application for extension of an approval (the original approval) is required, the provisions of section 92 (2)–(6) apply to the application and the application is to be assessed as if the application were an application for the granting of a new approval to authorise:(a) in the case of a water use approval, the continuing use of the water for the particular purpose and at the particular location specified in the original approval, or(b) in the case of a water management work approval, the continuing maintenance and use of the work to which the original approval relates, or(c) in the case of an activity approval, the continuing carrying out of the activity to which the original approval relates in the same location or area specified in the original approval.
106 Land benefited by approval
(1) An approval is taken to be held by, and for the benefit of, each successive landholder for the time being of the land specified in the approval as the land benefited by the approval.(2) While the approval is in force, each such landholder:(a) is under a duty to comply with the conditions to which the approval is subject, and(b) is entitled to commence and maintain legal proceedings against any co-holder of the approval with respect to that co-holder’s failure to comply with those conditions.(3) For the purposes of this section, a major utility, local water utility, irrigation corporation, private irrigation board, private drainage board or private water trust is taken to be a landholder of land in respect of which a water use approval or water management work approval held by it is in force.(4) This section does not apply in such circumstances, or to such types or kinds of approvals, as may be prescribed by the regulations.
Division 4 Amendment, surrender, suspension and cancellation of approvals
(1) On the application of the holder of an approval, the Minister may amend the approval.(2) Without limiting subsection (1), an approval may be amended to alter, add to or reduce any of the uses, works, activities or land to which the approval relates.(3) An amendment of an approval must not result in the approval relating to any additional land, or authorising the extension, construction or use of a water management work on any additional land, unless the additional land adjoins the land to which the unamended approval relates and is lawfully occupied by the holder of the approval.(4) Subsection (3) does not apply to an amendment to an approval in respect of a joint scheme (referred to in section 101 (1)) that results in the approval applying to additional land.(5) If the granting of an application under this section would result in the approval concerned relating to additional uses, works, activities or land, the application is to be advertised, assessed and determined in accordance with this Part in the same way as an application for a new approval, but only in relation to the additional uses, works, activities or land.(6) In considering any application under this section, the Minister is to have regard to any order of the Supreme Court under section 74 that affects the matters covered by the application.
(1) The holder of an approval may surrender the approval at any time by notice in writing sent to the Minister.(2) The surrender takes effect on the date on which the notice is received by the Minister or such later date as is specified in the notice.
109 Suspension and cancellation of approvals
(1) The Minister may suspend or cancel an approval on any one or more of the following grounds:(a) that the holder of the approval has failed to comply with any term or condition to which the approval is subject,(b) that the holder of the approval has been convicted of an offence against this Act or the regulations,(c) that the holder of the approval has failed to make due payment with respect to any fee or charge that is payable under this Act in relation to the approval,(c1) in the case of an approval granted in relation to a water supply work, if:(i) the holder of the approval is also the holder of an access licence for which the water supply work has been nominated under section 71W (Access licence may nominate water supply works), and(ii) the holder of the access licence has failed to make due payment with respect to any fees, charges or civil penalties that are payable in respect of the licence (whether or not those fees, charges or civil penalties were incurred by the current holder of the approval),(c2) in the case of an approval granted in relation to a water supply work referred to in section 104 (3), if:(i) the holder of the approval cannot, on the written request of the Minister, demonstrate that the bore the subject of the approval is being maintained in accordance with the conditions of the approval, or(ii) the bore has been decommissioned,(d) in the case of an approval granted in relation to a water management work, the holder of the approval has failed to comply with any direction given to the holder under this Act in connection with the work,(e) that the approval was granted as a result of false, misleading or materially inaccurate information supplied by or on behalf of the applicant.(2) Instead of or in addition to suspending or cancelling an approval, the Minister may order a major utility to pay to the Minister a civil penalty not exceeding $500,000 and, in the case of a continuing offence, a further penalty not exceeding $20,000 for each day for which the offence continues.(3) Action under this section may not be taken in relation to an approval unless the Minister:(a) has given written notice to the holder of the approval that the Minister proposes to take such action, and(b) has given the holder of the approval a reasonable opportunity to make submissions to the Minister with respect to the proposed action, and(c) has taken any such submissions into consideration.
Division 5 Embargoes on applications for approvals
(1) The Minister may, by order published in the Gazette, declare an embargo on the making of applications for approvals with respect to any water management area.(1A) Such an order may apply to the whole of a water management area or to any specified part of a water management area, and to approvals generally or to any specified type or kind of approvals.(2) An order under this section may relate to all applications, to applications of a specified kind or to all applications other than applications of a specified kind.(3) As soon as practicable after an order under this section is published in the Gazette, notice of the order must be published in an appropriate newspaper.(4) An order under this section takes effect at the beginning of the date on which it is published in the Gazette and, unless sooner revoked, expires at the end of 2 years after that date.
(1) The Governor may, by proclamation published in the Gazette, declare an embargo on the making of applications for approvals with respect to any water management area.(1A) Such a proclamation may apply to the whole of a water management area or to any specified part of a water management area, and to approvals generally or to any specified type or kind of approvals.(2) A proclamation under this section may relate to all applications, to applications of a specified kind or to all applications other than applications of a specified kind.(3) As soon as practicable after a proclamation under this section is published in the Gazette, notice of the proclamation must be published in an appropriate newspaper.(4) A proclamation under this section takes effect at the beginning of the date on which it is published in the Gazette and continues in force until it is revoked by a further proclamation so published.
(1) An embargo applies to any application for an approval made on or after the date on which the embargo took effect, other than:(a) an application to amend an application made before that date, or(b) an application for the extension of the period for which an approval has effect, or(c) any other application of a kind prescribed by the regulations.(2) An application to which an embargo applies is a nullity and is not revived merely because the embargo is subsequently revoked.
(1) The Minister is to cause a register to be kept of:(a) every application for an approval that is duly made under this Act, and(b) every approval that is granted, extended, amended, surrendered, suspended or cancelled under this Act, and(c) every agreement entered into by landholders under section 101 (2).(2) The regulations may make provision for or with respect to the form in which such a register is to be kept and the particulars that are to be recorded in such a register.(3) The register must be made available for public inspection during normal business hours at such places as may be prescribed by the regulations.