WATER ACT 2000 - SECT 130 When application for dealing must be assessed as application for new water licence

WATER ACT 2000 - SECT 130

130 When application for dealing must be assessed as application for new water licence

(1) This section applies to an application for a dealing with a water licence, other than an application made under section 126 (2) , if the dealing—

(a) will, or is likely to, do 1 or more of the following—

(i) increase the amount of water that may be taken under the licence;

(ii) increase the rate at which water may be taken under the licence;

(iii) change the location of taking or interference with water under the licence;

(iv) increase or change the interference with water under the licence; or

(b) is an amendment to add, remove or change a condition of the licence; or

(c) is the renewal or reinstatement of the licence.

(2) Subject to subsection (3) , sections 112 to 115 apply to the application for the dealing as if—

(a) a reference in sections 112 to 115 to an application for a water licence were a reference to the application for the dealing; and

(b) a reference in section 112 (3) (b) (i) to the location of the proposed taking of, or interference with, water were a reference to the particulars of the dealing; and

(c) a reference in section 113 to any water licence granted were a reference to the water licence mentioned in subsection (1) ; and

(d) a reference in section 113 (c) to section 111 were a reference to section 128 ; and

(e) a reference in section 114 (8) to a water licence were a reference to an amended water licence, or a new water licence, that gives effect to the dealing; and

(f) a reference in section 114 (9) to the licence were a reference to the amended water licence, or the new water licence, mentioned in paragraph (e) .

(3) However, the chief executive is not required to publish a public submissions notice for the application for the dealing if—

(a) subsection (1) (a) does not apply in relation to the dealing; and

(b) the chief executive is not satisfied publishing the public submissions notice would be—

(i) in the interests of Aboriginal people and Torres Strait Islanders and their connection with water resources; or

(ii) in the public interest.

(4) In this section—


"public submissions notice" , for an application for a dealing with a water licence, means a notice about the application under section 112 (3) , as applied under subsection (2) .