New South Wales Consolidated Acts

WATER ACT 1912 - SECT 20Y

20Y Invalidation of applications for entitlements

(1) Where the Ministerial Corporation is satisfied that a water source which is subject to a scheme is unlikely to have more water available than is sufficient to meet the requirements of the persons already authorised by law to take water from the water source and such other possible requirements for water from the water source as are determined by the Ministerial Corporation, it may, by a notice published in the Gazette and in a newspaper circulating in the district in which the water source is located, declare that, on and from a date specified in the notice (being the date of publication in the Gazette or a later date):

(a) no applications made after the date on which the notice is so published for entitlements, and

(b) no applications made after the date on which the notice is so published:

(i) for additional licences made under the proviso to section 18 (2),

(ii) for amended authorities made under section 20E (2) (a), or

(iii) for amended group licences referred to in section 20Q (2) (a),

will be granted until the notice is revoked by a subsequent notice so published.

(1A) A declaration under subsection (1) may relate:

(a) to a specified application for an entitlement,

(b) to all applications for entitlements,

(c) to a specified class of applications for entitlements, or

(d) to all applications for entitlements other than a specified application for an entitlement or a specified class of applications for entitlements.

(2) Subsection (1) does not apply to an application for an entitlement, or to applications for entitlements, in replacement of an entitlement if the water allocation in respect of the replacement entitlement or, as the case may be, the total water allocations in respect of the replacement entitlements will not exceed the water allocation in respect of the entitlement that is being replaced or, as the case may be, the total water allocations in respect of the entitlements that are being replaced.

(2A) Notwithstanding the provisions of sections 11 (2C) (d), 20A (1D) (d) and 20K (2), a notice in force under subsection (1) does not apply to an amended application referred to in those provisions if the original application was made before the date on which the notice took effect, but any amendment made on or after that date has no effect, and shall be disregarded, if the Ministerial Corporation is of the opinion that the granting of the application with the amendment could result in a larger water allocation than would be the case if the application were to be granted without the amendment.

(2B) Subsection (1) does not apply to an application for an irrigation corporation licence.

(3) If an application to which a notice under subsection (1) applies is made while the notice is in force, it is invalid and shall be rejected by the Ministerial Corporation.

(4) Where a notice published under subsection (1) has effect in relation to any water source and any land in respect of which an entitlement authorises the taking of water from that water source is subdivided into parts, an application for an entitlement to take water from that water source for use in connection with any such part shall, for the purpose of this section, be deemed to be an application for an entitlement in replacement of an existing entitlement.