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WATER ACT 1992 - SECT 45 Licence to take water

WATER ACT 1992 - SECT 45

Licence to take water

    (1)     Subject to this Act, the Controller may, on the Controller's own initiative or on application in the prescribed manner and form, grant to a person a licence in the prescribed form to take water.

    (2)     A licence may be granted under subsection (1) subject to any terms and conditions specified in the licence document.

    (3)     Subject to subsection (4), a licence is granted for the period, not exceeding 10 years, specified in the licence document.

    (4)     A licence may be granted under subsection (1) for a period exceeding 10 years if:

        (a)     the licence is for a purpose, or meets criteria, that the Minister, by Gazette notice, specifies as justifying a longer period; or

        (b)     the Controller is satisfied that special circumstances justify the longer period.

    (5)     The Controller must not grant a licence or accept an application for a licence to take water on land in a Restricted Water Extraction Area declared to restrict the right to take water under section 11, other than an application specified in subsection (6).

    (6)     For subsection (5), the following applications are specified:

        (a)     an application under subsection (1) in relation to Crown land in the Restricted Water Extraction Area, unless the land is leased from the Crown under the Crown Lands Act 1992 or the Special Purposes Leases Act 1953 ;

        (b)     an application under subsection (1) made in accordance with section 71M or 71R;

        (c)     an application for a licence under section 71J(1) ;

        (d)     an application for an amendment or modification of 2 or more water extraction licences to give effect to an agreement to trade an entitlement to take water between those licences if:

            (i)     the terms of the agreement are in accordance with a water allocation plan; and

            (ii)     the total quantity of water that may be taken under all licences held by the parties to the agreement would not increase if the application is granted;

        (e)     an application made because of the subdivision or consolidation of land which is the subject of one or more water extraction licences if:

            (i)     a development permit for the subdivision or consolidation is in force under the Planning Act 1999 ; and

            (ii)     the total quantity of water that may be taken under all licences relating to the subdivided or consolidated land would not increase if the application is granted.