(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 a notice giving
particulars of the application to be published in the Gazette and in such
other manner as the Ministerial Corporation is satisfied is likely to bring
the notice to the attention of members of the public in the district where the
work is situated.
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as originally made shall be deemed to be withdrawn.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 Secretary or a Magistrate to hold a public
inquiry as to the desirability of granting the application.
Where the recommendation of the Secretary or Magistrate is in favour of the
granting of the application the Secretary 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 Secretary 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.
