New South Wales Consolidated Acts

WATER ACT 1912 - SECT 20E

20E Amended authorities

(1) If the holders of an authority apply to the Ministerial Corporation for an amended authority to exclude any part of the lands which may be supplied with water under the terms of the authority for the joint water supply scheme the Ministerial Corporation shall issue in respect of the remaining lands and in substitution for the existing authority an amended authority for the unexpired portion of the period for which the existing authority had been granted and subject to such terms and conditions as the Ministerial Corporation may deem fit.
Any such amended authority shall be issued without payment of a fee.

(2)

(a) If it be desired that an authority be amended so that land additional to the land specified in the authority may be supplied with water obtained by means of the work covered by the authority, the holders of the authority and the occupier of the additional land may apply to the Ministerial Corporation for an amended authority.

(b) On application being made for an amended authority under this subsection the Ministerial Corporation shall cause to be published, once in the Gazette and once in a newspaper published and circulating in the district where the work is situated, a notice giving particulars of the application.

(b1) Where the work is, or is proposed to be, situated within a declared local area, any:

(i) local occupier, or

(ii) statutory authority,

whose interests may be affected by the granting of the application may, within 28 days after the publication of the later of such advertisements, lodge with the Ministerial Corporation an objection thereto.

(b2) Where the work is not, or is not proposed to be, situated within a declared local area, any person whose interests may be affected by the granting of the application may, within 28 days after the publication of the later of the advertisements, lodge with the Ministerial Corporation an objection thereto.

(b3) An objection referred to in paragraph (b1) or (b2) shall be in writing and shall specify the grounds of objection.

(b4) If, after the application is advertised:

(i) the applicant amends the application as advertised, and

(ii) in the opinion of the Ministerial Corporation the changes warrant the advertising of the application as amended,

the Ministerial Corporation shall advertise the amended application in the manner referred to in subsection (1) and:

(iii) the provisions of this section shall apply to the amended application as if it were a new application, and

(iv) the application as originally made shall be deemed to be withdrawn.

(c) The Ministerial Corporation shall, where an objection has been lodged with it pursuant to paragraph (b1) or (b2), direct the local land board or a Magistrate to hold a public inquiry as to the desirability of granting the application.
Where the recommendation of the local land board or Magistrate is in favour of the granting of the application the local land board or Magistrate, as the case may be, shall report to the Ministerial Corporation as to whether any of the terms and conditions to which the authority is subject should be amended and if so in what respect.

(d) If no objection to the granting of the application has been lodged pursuant to paragraph (b1) or (b2) or the Ministerial Corporation has received the report of the local land board or Magistrate upon any inquiry pursuant to paragraph (c), the Ministerial Corporation shall decide whether or not to grant the application.

(e) Where the Ministerial Corporation has decided to grant an application for an amended authority the Ministerial Corporation shall, on payment of such fee as it may determine, issue in respect of the lands which may be supplied with water under the terms of the existing authority and the additional land, and in substitution for the existing authority, an amended authority for the unexpired portion of the period for which the existing authority had been granted and subject to such terms and conditions as the Ministerial Corporation may deem fit.

(4) The provisions of subsection (2) (c), (d) and (e) shall not apply to an application under subsection (2) (a) for the amendment of an authority issued under section 20CA but any such application shall be dealt with as an application for an original authority under that section:
Provided that any such amended authority shall be issued only on payment of such fee as the Ministerial Corporation may determine in respect of the lands which may be supplied with water under the terms of the existing authority and the additional land, and in substitution for the existing authority and for the unexpired portion of the period for which the existing authority had been granted.