(1) If at any time during the currency of a licence the Ministerial
Corporation is satisfied that:
(a) the holder of the licence has conserved,
diverted, taken or used any quantity of water in excess of the quantity
authorised by the licence,
(b) any land has been irrigated as to an area in
excess of that authorised by the licence,
(c) the holder of the licence has
used the licensed work for a purpose other than that authorised by the
licence,
(d) the holder of the licence has contravened or failed to comply
with any of the terms, limitations or conditions to which the licence is
subject,
(e) any water diverted, taken or used by the holder of the licence
is not being beneficially used or is being wasted, or
(f) beneficial use is
not being made of the licensed work,
the Ministerial Corporation may serve on
the holder of the licence a notice that, after the expiration of a period
specified in the notice, the licence will be revoked, suspended or modified as
indicated in the notice, and where any such notice is served, unless the
Ministerial Corporation annuls or withdraws the notice before the expiration
of the period so specified, the licence shall, on the expiration of that
period, be deemed to be revoked, suspended or modified, as the case may be.
(2) If in the opinion of the Ministerial Corporation there are circumstances
which render it necessary or expedient:
(a) that any licence should be
suspended or modified,
(b) that the quantity of water authorised to be taken
under any licence be reduced, or
(c) that a right held under any licence for
the taking of water for any purpose from a river, lake or section of a river
should be restricted or suspended,
the Ministerial Corporation may serve on
the holder of the licence a notice to that effect, and where any such notice
is served, the licence shall be deemed to be suspended or modified, or the
quantity of water reduced or, as the case may be, the right restricted or
suspended, according to the tenor of the notice.
(3) If the Ministerial
Corporation is satisfied that the holder of a licence has failed to comply
with the terms of a notice served by the Ministerial Corporation whereby:
(b) the quantity of water authorised to be
taken under the licence has been reduced, or
(c) a right held under the
licence for the taking of water for any purpose from a river, lake or section
of a river has been restricted or suspended,
the Ministerial Corporation may
serve on the holder of the licence a notice that, after the expiration of a
period specified in the notice, the licence will be suspended, and where any
such notice is served, unless the Ministerial Corporation annuls or withdraws
the notice before the expiration of the period so specified, the licence
shall, on the expiration of that period, be deemed to be suspended.
(4)
Service of a notice under this section may be effected on the holder of a
licence:
(a) by delivering the notice to the holder personally,
(b) by
leaving the notice with any person apparently of or above the age of 14 years
who apparently resides or is employed on the land of the holder, or
(c) by
letter sent by post and addressed to the holder at the holder's address last
known to the Ministerial Corporation.
(5) A reference in this section to
modification of a licence is not limited to a modification by way of
restriction.
