New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 63

63 Determination of applications

(1) The Minister may determine an application for an access licence by granting or refusing to grant the licence.

(2) An access licence is not to be granted unless the Minister is satisfied that:

(a) the granting of an access licence, or an access licence of the category to which the application relates, is permitted by the relevant provisions of a management plan or Minister’s plan, 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.