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WATER ACT 1912 - SECT 10 Application for licences

WATER ACT 1912 - SECT 10

Application for licences

10 Application for licences

(1) Any occupier of land whereon any work to which this Part extends (not being a joint water supply scheme) is constructed or used, or is proposed to be constructed or used, for the purpose of:
(a) water conservation, irrigation, water supply, or drainage, or
(c) changing the course of a river,
may apply to the Ministerial Corporation in the form prescribed for a licence to construct and use the said work, and to take and use for the purposes specified in the application the water, if any, conserved or obtained thereby, and to dispose of such water for the use of occupiers of land for any purpose.
(1A) An application for a licence may be made under subsection (1) by a person who proposes to construct or use any such work as is referred to in that subsection subject to the person obtaining the right to occupy the site of the work, and for all purposes of or relating to such application such person shall be deemed to be an occupier:

Provided that a licence shall not be issued upon any application made under the authority of this subsection unless and until the applicant has obtained the right to occupy the site of the work.
(2) Except in the case of an application for a licence in respect of an existing work, the application shall be accompanied by the prescribed deposit as security for the cost of investigation and inquiry in connection with the application, and such deposit may be applied by the Ministerial Corporation in payment or part payment of the licence fee payable by the applicant.

In the event of the applicant withdrawing or abandoning the application, such deposit or any part thereof may in the discretion of the Ministerial Corporation be retained by it.
(3) An application for a licence for a work constructed or used or proposed to be constructed or used for the purpose of irrigation or water supply shall be accompanied by:
(a) particulars as to the means (by gravitation pumping or otherwise) by which water is to be taken from the river or lake,
(b) particulars of the maximum rate at which water may be taken from the river or lake,
(c) particulars of the estimated quantity of water proposed to be taken annually,
(d) particulars of the purpose or purposes for which the water is to be used, and
(e) if the work is for the purpose of irrigation, particulars of the area and location of the land proposed to be irrigated, the class or classes of crops proposed to be grown thereon, the works proposed to be provided for the distribution of the water to the land to be irrigated and the work proposed to be undertaken in the preparation of such land for irrigation.