WATER MANAGEMENT ACT 2000 - SECT 63
Determination of applications
WATER MANAGEMENT ACT 2000 - SECT 63
Determination of applications
63 Determination of applications
(1) The Minister may determine an application for an access licence by
granting or refusing to grant the licence.
(1A) An access licence may be
granted unconditionally or subject to such conditions as are required or
permitted to be imposed under Division 3.
(2) An access licence is not to be
granted unless the Minister is satisfied that--
(a) the application has been
made as provided by section 61 (1) (a), (b) or (c), and
(b) adequate
arrangements are in force to ensure that no more than minimal harm will be
done to any water source as a consequence of water being taken from the water
source under the licence.
(3) Despite subsection (1)--
(a) a local water
utility access licence may only be granted to a local water utility, and
(b)
a major utility access licence may only be granted to a major utility.
(4) An
access licence must specify--
(a) in relation to its share component, the
water management area or water source to which it relates, and
(b) in
relation to its extraction component, the times, rates or circumstances in
which, and the areas or locations from which, water may be taken under the
licence.
(5) An access licence may be issued with a zero share component or
zero extraction component (or both) but, even if it is issued with a zero
share component, must still specify the water management area or water source
to which it relates.
(6) Two or more co-holders of an access licence granted
under this section are taken to hold the access licence--
(a) as provided by
the application for the access licence, or
(b) if the application makes no
such provision, as tenants in common with the entitlements conferred by the
licence under section 56 apportioned equally between the tenants.
(7) An
access licence is to be in such form as the Minister may determine.