New South Wales Consolidated Acts

WATER ACT 1912 - SECT 12

12 Licence

(1)

(a) The Ministerial Corporation shall, where its decision is that an application for a licence should be granted and no objection has been lodged under section 11, issue a licence to the applicant in the prescribed form for such period and subject to such terms, limitations and conditions (if any) as may be determined by the Ministerial Corporation.

(b) The Ministerial Corporation shall, in compliance with any decision of the local land board or Magistrate upon an inquiry held under section 11 (5) or of the Land and Environment Court upon appeal favouring the granting of an application for a licence or as to the period, terms, limitations and conditions to be applied to a licence, issue a licence to the applicant in the prescribed form for the period and subject to the terms, limitations and conditions set out in the decision of the local land board or Magistrate or the Land and Environment Court, as the case may be.

(2) Notwithstanding the provisions of subsection (1):

(a) no licence shall be issued pending any appeal, and

(b) except in the case of an initial licence in respect of an existing work, a licence shall be issued only upon payment of a fee calculated in the manner and according to the scale prescribed by regulations under this Part, and

(c) the Ministerial Corporation may, before granting a licence, require such alterations to be made to or in connection with the work, or to the plans and specifications of the work, as may be decided by the Ministerial Corporation where no inquiry is held by the local land board or Magistrate, or as may be set out in the decision of the local land board or Magistrate or the Land and Environment Court as the case may be.

(2A) If an applicant fails to pay to the Ministerial Corporation within the time prescribed the fee payable upon the issue of the licence the Ministerial Corporation may at any time thereafter reject the application.
Where an application is rejected under this subsection the deposit accompanying such application or any part of such deposit may, in the discretion of the Ministerial Corporation, be retained by it.

(3) Except in the case of a licence granted to a Department of the State, Rail Corporation New South Wales, the Board of Fire Commissioners of New South Wales, or to a county council, or any board or joint committee in respect of works of water supply affecting more than one of such councils jointly, a council within the meaning of the Local Government Act 1993 , or such other statutory body as may be prescribed, no licence shall be granted for a period that, except in such circumstances as may be prescribed, exceeds 10 years.