(1) Subject to the provisions of this Part with regard to the renewal of
licences, a licence may be renewed from time to time by the Ministerial
Corporation on the application of the licensee or of the owner of the land
upon which the licensed work is situated and payment of the prescribed fee.
Such application shall be made before the licence expires but the Ministerial
Corporation may deal with an application even if it is lodged later.
(1A)
Pending consideration of the application by the Ministerial Corporation or the
decision of the Land and Environment Court on appeal the licence shall not
lapse, but should the required fee be not paid within the prescribed time or
the application be not granted, the licence shall lapse.
(1B) No renewal,
except in respect of a licence granted to a Department of the State, the Rail
Corporation New South Wales, Sydney Metro, Sydney Trains, NSW Trains, Residual
Transport Corporation of 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, shall be for a period that,
except in such circumstances as may be prescribed, exceeds 10 years.
(1C) An
application for renewal of a licence for a work constructed or used for the
purpose of irrigation or water supply shall be accompanied by:
(a) particulars
of the maximum rate at which water may be taken from the river or lake by
means of the licensed work,
(b) particulars of the estimated quantity of
water proposed to be taken annually,
(c) particulars of the purpose or
purposes for which the water is to be used, and
(d) if the work is for the
purpose of irrigation, particulars of the area and location of the land being
irrigated and the class or classes of crops to be grown thereon.
(1D) Where
the Ministerial Corporation deals with an application for renewal lodged after
the licence expires, subsection (1A) has effect as if the application had been
under consideration since before the expiration of the licence.
(2) Where the
Ministerial Corporation decides that the application for the renewal of a
licence shall not be granted, or that the renewal of a licence shall be
subject to a period, terms, limitations and conditions differing from those
which were previously attached to the licence, the applicant shall within
twenty-eight days after the posting to the applicant by the Ministerial
Corporation of a notification of the refusal of the application, or of
particulars of such period, terms, limitations and conditions, as the case may
be, have the right of appeal to the Land and Environment Court against the
decision of the Ministerial Corporation. the decision of the Court shall be
final.
The appeal shall be made as prescribed by rules of Court and be accompanied by
a fee of ten dollars as security for the costs of the appeal. Notice in the
prescribed form of appeal shall be given by the appellant to the Ministerial
Corporation with the lodging of the appeal in the Court.
(2A) Where the
Ministerial Corporation decides that the application for the renewal of a
licence issued under section 13A shall be granted the Ministerial Corporation
shall notify the owners and occupiers of the intervening lands set out in the
licence of such decision and of the period, terms, limitations and conditions
to be attached to the renewal of the licence, and any such owner or occupier
may, within twenty-eight days after the posting to the owner or occupier of
such notification, lodge with the Ministerial Corporation an objection to the
Ministerial Corporation's decision to grant the application or to the said
period, terms, limitations and conditions. Every such objection shall be in
writing and shall specify the grounds of objection.
Where an objection has been lodged under the provisions of this subsection the
application shall be dealt with in the manner provided in section 13A (4) for
an application for a licence.
(3) Subject to the said right of appeal a
renewal of a licence may be subject to such terms, limitations and conditions
as the Ministerial Corporation deems expedient in the public interest, and,
without prejudice to the generality of the foregoing provisions of this
subsection, such terms, limitations and conditions may include:
(a) a
limitation or reduction of the area of land which may be irrigated by water
obtained by the licensed work,
(b) a provision allowing any alteration in the
licensed work which does not increase the quantity of the water conserved or
obtained thereby.
(3A) Notwithstanding the provisions of subsections (2) and
(3) an applicant shall have no right of appeal:
(a) where the reduction of the
area of land or of any class of crops or plantings which may be irrigated by
water obtained by the licensed work or the reduction of the quantity of water
which may be taken by the licensed work is imposed by the operation of
section 13B (3), or
(b) against the decision of the Ministerial Corporation
whereby conditions are applied to the renewal of a licence under the
provisions of section 13C (4) and (5).
(4) This section shall apply to and in
respect of licences granted or renewed before the commencement of the Water
(Amendment) Act 1936 , as well as to licences granted or renewed after such
commencement.
(5) Unless the appellant and the Ministerial Corporation
otherwise agree any appeal under this section shall (subject to the
concurrence of the Land and Environment Court) be heard at such venue as in
the opinion of the Court is as near as conveniently may be to the site of the
work in respect of which such appeal has been lodged as aforesaid.
