WATER RESOURCES ACT 2007 - SECT 21 Water access entitlement—decision on application

WATER RESOURCES ACT 2007 - SECT 21

    (1)     On application by a person for a water access entitlement, the Minister must—

        (a)     grant the water access entitlement; or

        (b)     refuse to grant the water access entitlement.

    (2)     The Minister must not grant the water access entitlement unless satisfied that—

        (a)     the amount of water to which the entitlement would give access—

              (i)     is available for taking having regard to any determination in force under section 17 (Amounts of water available from areas) and any other water access entitlements and surviving allocations that exist in relation to the water management area; and

              (ii)     is not more than a reasonable amount for the intended use having regard to any determination in force under section 18 (Amounts of water reasonable for uses); and

        (b)     the water is not intended to be used on urban residential property; and

        (c)     the intended use of the water is otherwise consistent with the territory plan; and

        (d)     the applicant does not hold a surviving allocation; and

Note     Surviving allocations are water allocations that were granted under the repealed Act. A person holding a surviving allocation may surrender it, and be granted a water access entitlement, under this Act, pt 13 (Surviving allocations).

        (e)     it is appropriate to grant the entitlement having regard to—

              (i)     the applicant's environmental record; and

              (ii)     anything else the Minister considers relevant.

    (3)     Subsection (2) (b) does not apply if the applicant is a water utility.

    (4)     In deciding applications, the Minister must give priority—

        (a)     first, to any application for surface water by the owner or occupier of land who—

              (i)     was previously able to take water without a licence because the water was taken from a waterway on or immediately adjacent to the land; and

              (ii)     can no longer do so because a boundary change was made to the land, on the Territory's initiative, after the commencement of this Act; and

              (iii)     is seeking the water for stock or domestic use; and

        (b)     second, to any application by a person who does not have access to urban water supply and is seeking the water for stock or domestic use; and

        (c)     after that, as the Minister considers appropriate.