(b) the whole of the land on which the
occupier desires to construct works (hereinafter in this section referred to
as the
"conveying works" ) to convey the water from the supply work to the land on
which the occupier desires to use the water,
and who cannot obtain occupation
of the land required for the supply work or conveying works may apply to the
Ministerial Corporation in the form prescribed for a licence to construct the
supply work and to take and use for the purpose or purposes specified in the
application the water, if any, obtained thereby.
(2) The application shall be
accompanied by:
(a) 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,
(i) the
location of the lands to be supplied with water in relation to the river or
lake from which the water supply is to be obtained, and
(ii) the lands on
which the supply work is proposed to be constructed, including the location of
that work and the lands on which the conveying works are proposed to be
constructed, including the location of those works,
(d) particulars of the
supply work and the conveying works including all pipes, channels, regulators,
flumes and other structures proposed to be constructed and used, and
(e)
particulars of the extent of the areas of lands, not occupied by the
applicant, which are proposed to be used for the construction of the
supply work and the conveying works (hereinafter in this section referred to
as the intervening lands) and the names and addresses of the owners and
occupiers of those lands.
(3) The provisions of section 11 (1), (2), (2A),
(2B), (2C), (3) (a) and (4) shall mutatis mutandis apply to an application
under this section and to any appeal against the decision of the Ministerial
Corporation that the application should be refused.
Upon any such appeal the owners and occupiers of the intervening lands shall
be permitted to attend and be heard in support of, or in opposition to, the
granting of the application.
(4) In any case where the decision of the
Ministerial Corporation is that the application should be granted the
Ministerial Corporation shall direct the Secretary or a Magistrate to hold a
public inquiry as to the desirability of granting the application.
The Ministerial Corporation shall notify the owners and occupiers of the
intervening lands of the application and of the reference thereof to the
Secretary or the Magistrate.
The holding of the inquiry shall be notified in the Gazette and in such other
manner as the Ministerial Corporation is satisfied is likely to bring the
holding of the inquiry to the attention of members of the public in the
district where the supply work is or is proposed to be situated.
The Ministerial Corporation, the owners and occupiers of the intervening lands
and:
(a) where, at the time the application is made, the supply or
conveying works are, or are proposed to be, situated within a
declared local area, any:
whose interests may be affected by the granting of the application, or
(b)
where, at the time the application is made, the supply or conveying works are
not, or are not proposed to be, situated within a declared local area, any
person whose interests may be affected by the granting of the application,
shall be permitted to attend at the inquiry and be heard in support of, or in
opposition to, the granting of the application.
The Secretary or Magistrate, as the case may be, holding the inquiry 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 decision of the Secretary or Magistrate is in favour of the granting
of the application the Secretary or Magistrate, as the case may be, shall also
make recommendations to the Ministerial Corporation with respect to the terms,
limitations and conditions which should be applied to the licence including
the occupancy and use by the licensee of the intervening lands, the payments
(if any) to be made in respect of such occupancy and use, and the
construction, use and maintenance of the supply work and conveying works.
On receipt of the report of the Secretary or Magistrate the Ministerial
Corporation, shall determine the terms, limitations and conditions to be
applied to the licence.
The decision of the Secretary or Magistrate as to the desirability or
otherwise of granting the application shall be notified by the Ministerial
Corporation to the applicant and to the owners and occupiers of the
intervening lands and to any person who attended at the inquiry by the
Secretary or Magistrate and was heard in support of or in opposition to the
granting of the application. Where such decision is in favour of the granting
of the application the Ministerial Corporation shall in such notification
include the terms, limitations and conditions to be applied to the licence.
The applicant or any owner or occupier of the intervening lands or any person
who attended at the inquiry and was heard as aforesaid may, within
twenty-eight days after the posting to the applicant, owner or occupier of the
Ministerial Corporation's notification, appeal to the Land and Environment
Court against the decision of the Secretary or Magistrate or the determination
of the Ministerial Corporation of the terms, limitations and conditions to be
applied to the licence.
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.
(5) An application for a licence
under this section shall not be granted unless the Secretary, Magistrate, Land
and Environment Court or Ministerial Corporation, as the case may be, is
satisfied that:
(a) it is not reasonably practicable for the applicant to
obtain or make provision for a supply of water on the land on which the
applicant desires to use the water adequate for the purpose or purposes
specified in such application otherwise than in pursuance of a licence granted
under this section, and
(b) the land on which it is desired to use the water
is reasonably fitted for such purpose or purposes, and
(c) the interests of
riparian occupiers will not be unreasonably affected by the granting of such
application.
(6) The Ministerial Corporation shall in compliance with any
decision of the Secretary or Magistrate upon an inquiry held under subsection
(4) or of the Land and Environment Court upon appeal favouring the granting of
an application for a licence issue a licence to the applicant in the
prescribed form for the period set out in the decision of the Secretary or
Magistrate or the Land and Environment Court, as the case may be, and subject
to the terms, limitations and conditions determined by the Ministerial
Corporation or set out in the decision of the Land and Environment Court, as
the case may be.
No licence shall be issued under this subsection pending any appeal.
A licence under this section shall be issued only upon payment of a fee
calculated in the manner and according to the scale prescribed by regulations
under this Act.
If the 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.
(7) Upon the
issue of a licence under this section the licensee may, during the currency of
the licence, enter, occupy and use, subject to the terms, limitations and
conditions applied to the licence, the intervening lands set out in the
licence for the purpose of constructing, using and maintaining the supply work
and the conveying works.
In the event of the licence lapsing or being cancelled, the licensee's right
thereunder to enter, occupy and use the intervening lands shall, subject to
the provisions of subsection (9), terminate.
(8) In the event of the licensee
failing to comply with any of the terms, limitations or conditions of the
licence relating to entry upon, occupancy or use of the intervening lands, the
Ministerial Corporation shall, on being satisfied as to such failure, cancel
the licence.
(8A) For the purpose of subsections (7) and (8)
"licensee" includes servants and agents of the licensee.
(9) For the purposes
of sections 21B and 22 any person who was, immediately before the lapse or
cancellation of the licence, the holder of a licence issued under this section
shall be deemed to be the occupier of the intervening lands set out in such
licence.
