WATER ACT 1912 - SECT 113A Invalidation of applications for licences

WATER ACT 1912 - SECT 113A

113A Invalidation of applications for licences

(1) If the Ministerial Corporation is satisfied that the whole or any part of a sub-surface water basin (referred to in this section as a
"water shortage zone" ) is unlikely to have more water available than is sufficient to meet:

(a) the requirements of the licensees of the bores situated within the water shortage zone, and

(b) such other possible requirements from the water shortage zone as are determined by the Ministerial Corporation,

it may, by order, place an embargo on any further applications for licences with respect to that zone.

(2) Such an order may relate to:

(a) a specified application for a licence, or

(b) a specified class of applications for licences, or

(c) all applications for licences, or

(d) all applications for licences, other than:

(i) a specified application for a licence, or

(ii) a specified class of applications for licences.

(3) Notice of such an order must be published in:

(a) the Gazette, and

(b) in such other manner as the Ministerial Corporation is satisfied is likely to bring the order to the attention of members of the public in the district in which the water shortage zone is situated.

(4) The notice must specify the date (being the date of publication in the Gazette or a later date) on and from which the order has effect.

(5) An application to which such an order relates is invalid, and is to be rejected by the Ministerial Corporation, if it is made on or after the date specified in the notice published in relation to the order.

(6) Subsection (5) does not apply to:

(a) an application for a renewal of a licence, or

(b) an application for a licence for a bore to replace some other licensed bore that the applicant has ceased to use, or

(c) an application for a licence for a bore to produce water to satisfy a water allocation arising from the transfer of a water allocation under section 117J.