New South Wales Consolidated Acts

WATER ACT 1912 - SECT 11

11 Notification of application for licence

(1) On application being made for a licence under section 10, the Ministerial Corporation shall cause to be advertised once in the Gazette and once in a newspaper published and circulating in the district where the work is or is proposed to be situated, a notice containing particulars of the application.

(1A) Subsection (1) does not require the Ministerial Corporation to cause to be advertised a notice containing particulars of an application unless it is satisfied that the applicant occupies, or will obtain the right to occupy, the site of the work.

(2) Where, at the time the application is made, the work is, or is proposed to be, situated within a declared local area, any:

(a) local occupier, or

(b) statutory authority,

whose interests may be affected by the granting of the application may, within 28 days after the date of the publication of the later of the advertisements referred to in subsection (1), lodge with the Ministerial Corporation an objection thereto.

(2A) Where, at the time the application is made, the work is not, or is not proposed to be, situated within a declared local area, any person whose interests may be affected by the granting of the application may, within 28 days after the date of the publication of the later of the advertisements referred to in subsection (1), lodge with the Ministerial Corporation an objection thereto.

(2B) An objection referred to in subsection (2) or (2A) shall be in writing and shall specify the grounds of objection.

(2C) If, after the application is advertised:

(a) the applicant amends the application as advertised, and

(b) in the opinion of the Ministerial Corporation the changes warrant the advertising of the application as amended,

the Ministerial Corporation shall advertise the amended application in the manner referred to in subsection (1) and:

(c) the provisions of this section shall apply to the amended application as if it were a new application, and

(d) the application as originally made shall be deemed to be withdrawn.

(3)

(a) After the expiry of a period of twenty-eight days after the date of the publication of the later of such advertisements, the Ministerial Corporation shall decide whether the application should be granted or refused.

(b) Where the decision of the Ministerial Corporation is that the application should be granted the Ministerial Corporation shall give the applicant notice of the period, terms, limitations and conditions proposed to be applied to the licence.

(4) In any case where the decision of the Ministerial Corporation is that the application should be refused, the applicant shall be notified in writing of such decision and may, within ninety days from the date of such notification, appeal to the Land and Environment Court against such decision.
The appeal shall be made as prescribed by rules of court of the Land and Environment Court and be accompanied by a fee of ten dollars as security for the costs of the appeal. Notice of appeal in the prescribed form shall be given by the appellant to the Ministerial Corporation upon the lodging of the appeal in the Land and Environment Court.
Where the appeal is upheld the Land and Environment Court shall specify the period, terms, limitations and conditions (if any) to be applied to the licence.
The decision of the Land and Environment Court upon any such appeal shall be final.

(5) In any case where the decision of the Ministerial Corporation is that the application should be granted but an objection has been lodged pursuant to subsection (2) or (2A), or the applicant is dissatisfied with the decision of the Ministerial Corporation as to the period, terms, limitations and conditions proposed to be applied to the licence and has lodged with the Ministerial Corporation an objection thereto in writing within twenty-eight days after notice has been given to the applicant in accordance with subsection (3), the Ministerial Corporation shall direct the local land board or a Magistrate to hold a public inquiry as to the desirability of granting the application or as to the period, terms, limitations and conditions proposed to be applied to the licence, as the case may be.
The holding of the inquiry shall be notified once in the Gazette and once in a newspaper published and circulating in the district where the work is or is proposed to be situated.
The Ministerial Corporation and:

(a) where, at the time the application is made, the work is, or is proposed to be, situated within a declared local area, any:

(i) local occupier, or

(ii) statutory authority,

whose interests may be affected by any matter the subject of the inquiry, or

(b) where, at the time the application is made, the work is not, or is not proposed to be, situated within a declared local area, any person whose interests may be affected by any matter the subject of the inquiry,

shall be permitted to be heard at the inquiry, in support of, or in opposition to, the matter.
The local land board or Magistrate, as the case may be, holding any inquiry under this subsection shall announce its or his or her decision in open court, and shall thereupon report in writing upon the inquiry to the Ministerial Corporation.
Where the inquiry is as to the desirability of granting the application and the report of the local land board or Magistrate as the case may be is in favour of the granting of the application the report shall embody the period, terms, limitations and conditions to be applied to the licence.
Where the inquiry is as to the period, terms, limitations and conditions proposed to be applied to the licence the report shall specify the period, terms, limitations and conditions to be applied to the licence.

(6) Where an inquiry is held under subsection (5), the Ministerial Corporation or the applicant or any person or authority so interested as aforesaid may, within twenty-eight days from the announcement of the decision as provided for in the said subsection, appeal to the Land and Environment Court against the decision of the local land board or Magistrate. the decision of the Court shall be final.
The appeal shall be made as prescribed by rules of court of the Land and Environment Court and be accompanied by a fee of ten dollars as security for the costs of the appeal. Notice of appeal in the prescribed form shall be given by the appellant to the Ministerial Corporation upon the lodging of the appeal in the Land and Environment Court.

(7) This section is subject to section 11A.

(8) Subsections (1)-(3) (a) do not apply to an application for a licence in respect of an existing work.