WATER RESOURCES ACT 2007 - SECT 30 Licence to take water—decision on application

WATER RESOURCES ACT 2007 - SECT 30

    (1)     On application by a person for a licence to take water, the authority must—

        (a)     issue the licence; or

        (b)     refuse to issue the licence.

    (2)     The authority must not issue the licence unless satisfied that—

        (a)     the applicant—

              (i)     holds a water access entitlement, a corresponding water access entitlement or a surviving allocation on which to base the taking of water under the licence; or

              (ii)     is exempt from this requirement under a regulation; and

        (b)     the water to be taken under the licence is to be taken from—

              (i)     the water management area stated in the water access entitlement or subcatchment stated in the surviving allocation; or

              (ii)     another water management area from which the water may be taken under section 32 (Licence to take water—where water may be taken) or under a regulation; and

        (c)     the amount of water to be taken under the licence is not more than a reasonable amount for the intended use having regard to any determination in force under section 18; and

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

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

        (f)     the applicant has lawful authority—

              (i)     to obtain access to the place from which the water is to be taken under the licence; and

              (ii)     if the water is to be diverted from that place to where it is to be used—to divert the water; and

        (g)     if the application relates to a development for which an approval is required under the Planning Act 2023

, chapter 7 (Development assessment and approvals)—the development has been approved under that chapter.

    (3)     Also the authority must not issue the licence unless satisfied it is appropriate to do so having regard to—

        (a)     the applicant's environmental record; and

        (b)     whether issuing the licence would or may—

              (i)     adversely affect the environmental flows for a particular waterway or aquifer that are required under the environmental flow guidelines; or

              (ii)     adversely affect the environment in any other way; or

              (iii)     adversely affect the interests of other water users; and

        (c)     anything else the authority considers relevant.

    (4)     Subsection (2) (d) does not apply—

        (a)     to a water utility; or

        (b)     if the entitlement on which the licence is to be based—

              (i)     was granted under section 111 (Surviving allocations—surrender generally) or section 202 (Water access entitlement for certain existing licence holders) (whether or not it has been later transferred); and

              (ii)     allows the water to be used on stated urban residential property.

    (5)     A regulation made for subsection (2) (a) may authorise the authority to exempt a person from the requirement mentioned in that subsection in the circumstances prescribed by regulation.