WATER ACT 2000 - SECT 114
Deciding application for water licence
WATER ACT 2000 - SECT 114
Deciding application for water licence
114 Deciding application for water licence
(1) The chief executive must decide to grant, or to grant in part, with or
without conditions, or refuse to grant, the application.
(2) Subsection (3)
applies if the granting, or granting in part, of the application would be
inconsistent with a water plan.
(3) The chief executive must refuse the
application and give notice of the decision, including the reasons for the
decision, within 30 business days after deciding the application.
(4)
Subsection (5) applies if the chief executive makes a decision consistent
with—
(a) the water plan, if no other decision could have been made; or
(b)
a water entitlement notice; or
(c) the terms of grant or sale for an
unallocated water release process.
(5) The chief executive must give notice
of the decision, including the reasons for the decision, within 30 business
days after deciding the application.
(6) Subsection (7) applies if—
(a) a
water plan does not apply to the water the subject of the application; or
(b)
the chief executive makes a decision consistent with the water plan and a
different decision consistent with the plan could have been made.
(7) The
chief executive must give the applicant, and any entity who gave a properly
made submission about the application, an information notice about the
decision within 30 business days after deciding the application.
(8) If the
chief executive grants the application, or grants the application in part,
with or without conditions, the chief executive must, within 30 business days
after the granting, give a water licence in the approved form to—
(a) the
applicant; or
(b) if after making the application the applicant has ceased to
be an owner of land to which the application relates—the registered owner of
the land.
(9) The licence has effect from the day the information notice or
notice of the decision is given to the applicant.
