(1) If at any time during the currency of an authority the Ministerial
Corporation is satisfied that:
(a) the holders or any of the holders of the
authority have or has conserved, diverted, taken or used any quantity of water
in excess of the quantity authorised by the authority,
(b) any land has been
irrigated as to an area in excess of that authorised by the authority,
(c)
the holders or any of the holders of the authority have or has used the work
in respect of which the authority is held for a purpose other than that
authorised by the authority,
(d) the holders or any of the holders of the
authority have or has contravened or failed to comply with any of the terms,
limitations or conditions to which the authority is subject,
(e) any water
diverted, taken or used by any of the holders of the authority is not being
beneficially used or is being wasted, or
(f) beneficial use is not being made
of the work in respect of which the authority is held,
the Ministerial
Corporation may serve on the holders of the authority a notice that, after the
expiration of a period specified in the notice, the authority 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 authority 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
authority should be suspended or modified,
(b) that the quantity of water
authorised to be taken under any authority should be reduced, or
(c) that a
right held under any authority 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 holders of the authority a notice to
that effect, and where any such notice is served, the authority 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 holders
or any of the holders of an authority have or has failed to comply with the
terms of a notice by the Ministerial Corporation whereby:
(b) the quantity of water authorised to be taken under the
authority has been reduced, or
(c) a right held under the authority 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
holders of the authority a notice that, after the expiration of a period
specified in the notice, the authority 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 authority shall,
on the expiration of that period, be deemed to be suspended.
(4) Service of a
notice under this section may be effected on a holder of an authority:
(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
an authority is not limited to a modification by way of restriction.
