New South Wales Consolidated Acts

WATER ACT 1912 - SECT 176

176 Renewal of approvals

(1) An application for renewal of an approval shall:

(a) be made, in or to the effect of the form approved by the Ministerial Corporation, by the occupier of the land, or the occupiers of the lands, to which the approval relates,

(b) be accompanied by the application fee approved by the Ministerial Corporation, and

(c) be lodged with the Ministerial Corporation before the date on which the approval would, but for subsection (2), cease to have effect.

(2) Where an application for renewal of an approval is made in accordance with subsection (1), the approval shall, notwithstanding subsection (9) (b) or section 175 (b) but subject to any cancellation of the approval under section 178, continue in force until the application is finally disposed of in accordance with this section.

(3) The Ministerial Corporation shall determine an application for renewal of an approval (other than an application that has been withdrawn):

(a) except as provided by subsection (4), by renewing the approval, subject to such conditions (if any) as the Ministerial Corporation thinks fit to impose, or

(b) by refusing to renew the approval.

(4) The Ministerial Corporation shall not renew an approval if the whole or any part of the land to which the approval relates is not occupied by the applicant for the renewal, or by at least one of the applicants for the renewal, as the case may be.

(6) Nothing in this section operates to prevent the Ministerial Corporation from determining an application for renewal of an approval by reason only that the application was lodged with the Ministerial Corporation on or after the date referred to in subsection (1) (c).

(7) The Ministerial Corporation shall, as soon as practicable after it has determined an application for renewal of an approval, cause notice to be served on the applicant of its determination.

(9) An approval renewed in accordance with this section:

(a) shall take effect on the date on which the Ministerial Corporation makes the determination whereby it renews the approval,

(b) remains in force (unless sooner cancelled under section 178) for the period specified in the approval (being a period ending not more than 10 years after the date on which the Ministerial Corporation made the determination referred to in paragraph (a)), and

(c) is to be in a form approved by the Ministerial Corporation.