WATER ACT 2000 - SECT 182 Deciding application for resource operations licence or distribution operations licence

WATER ACT 2000 - SECT 182

182 Deciding application for resource operations licence or distribution operations licence

(1) In deciding whether to grant the application for a resource operations licence or distribution operations licence, the chief executive—

(a) must consider the application; and

(b) may consider whether the applicant has been convicted of an offence against this Act, the repealed Act or an interstate law.

(2) The chief executive may grant the application, with or without conditions, if the chief executive is satisfied the application—

(a) advances the sustainable management of Queensland’s water; and

(b) if the application relates to water managed under a water plan—

(i) is consistent with the water plan outcomes and the measures that contribute to achieving them stated in the plan; and

(ii) achieves any objectives stated in the plan, including the water allocation security objective and the environmental flow objectives.

(3) If the chief executive is not satisfied the application should be granted, the chief executive must refuse to grant the application.

(4) Within 30 business days after deciding the application, the chief executive must give the applicant—

(a) an information notice about the decision; and

(b) if the chief executive has decided to grant the licence—a resource operations licence or a distribution operations licence.

(5) If a licence is granted under this section, the licence takes effect from the day the applicant is given the information notice.

(6) Subsections (1) and (2) do not limit the matters the chief executive may consider in deciding whether to grant the application.