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WATER ACT 1912 - SECT 20S Revocation or suspension etc of group licence

WATER ACT 1912 - SECT 20S

Revocation or suspension etc of group licence

20S Revocation or suspension etc of group licence

(1) If at any time during the currency of a group licence the Ministerial Corporation is satisfied that:
(a) the Board holding the group licence or any of the group licence occupiers has conserved, diverted, taken or used any quantity of water in excess of the quantity authorised by the group licence,
(b) any land has been irrigated as to an area in excess of that authorised by the group licence,
(c) the Board holding the group licence or any of the group licence occupiers has used the work in respect of which the licence is held for a purpose other than that authorised by the licence,
(d) the Board holding the group licence or any of the group licence occupiers 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 Board holding the group licence or by any of the group licence occupiers is not being beneficially used or is being wasted,
(f) beneficial use is not being made of the work in respect of which the group licence is held, or
(g) the Board holding the group licence has failed to pay by the due date the second or any subsequent instalment of the fee payable in respect of the issue or renewal of the group licence,
the Ministerial Corporation may serve on the Board a notice that, after the expiration of a period specified in the notice, the group 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 group 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 group licence should be suspended or modified,
(b) that the quantity of water authorised to be taken under any group licence should be reduced, or
(c) that a right held under any group 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 Board which holds the group licence a notice to that effect, and where any such notice is served, the group 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 Board which holds a group licence has failed to comply with, or to cause to be complied with, the terms of a notice served by the Ministerial Corporation whereby:
(a) the group licence has been modified,
(b) the quantity of water authorised to be taken under the group licence has been reduced, or
(c) a right held under the group 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 Board a notice that, after the expiration of a period specified in the notice, the group 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 group 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 a Board:
(a) by delivering the notice to the principal place of business of the Board,
(b) by leaving the notice with any person apparently of or above the age of 14 years who is apparently employed by the Board, or
(c) by letter sent by post and addressed to the Board at its address last known to the Ministerial Corporation.
(5) A reference in this section to modification of a group licence is not limited to a modification by way of restriction.