New South Wales Consolidated Acts

WATER ACT 1912 - SECT 176A

176A Conditions of approval

(1) An approval is subject to such conditions as may be imposed by the Ministerial Corporation, by notice served on the affected person:

(a) on the grant or renewal of the approval, or

(b) at any time during the currency of the approval.

(2) The Ministerial Corporation may, by notice served on an affected person, vary or revoke any conditions of an approval.

(3) If the Ministerial Corporation intends to impose a condition on an approval, or to vary or revoke a condition, the Ministerial Corporation:

(a) must cause notice of its intention to be served on the affected person, and

(b) must give that person a reasonable opportunity to make written submissions to the Ministerial Corporation with respect to the condition concerned, and

(c) must have regard to any submission that is made.

(4) Without limiting section 166C, the conditions to which an approval is subject may include conditions relating to the protection of the environment.

(5) This section does not affect section 93 of the Environmental Planning and Assessment Act 1979 (which relates to integrated development).

(6) In this section:
"affected person" means:

(a) in the case of a condition imposed on the grant or renewal of an approval-the person who applied for the grant or renewal, or

(b) in any other case-the occupier of the land on which the controlled work that is the subject of the approval is situated.