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WATER MANAGEMENT ACT 1999 - SECT 153 Time for determining permit application

WATER MANAGEMENT ACT 1999 - SECT 153

Subdivision 2 - Determination of applications for Division 3 permits Time for determining permit application

(1)  The Minister is to determine a permit application –
(a) within 12 weeks after the day on which the application is made; or
(b) within such longer period as the Minister and applicant, before the end of that 12-week period, agree.
(2)  For the purposes of calculating the 12-week period or longer period referred to in subsection (1) , the following periods are not to be taken into account:
(a) if the Director under section 27(2) of the EMPC Act directs that the details of the proposed dam works under the permit application be referred to the EPA Board – the period commencing on the day on which the Minister receives notification under section 148(2) that the Director has so directed the referral and ending –
(i) if an appeal to the Appeal Tribunal is not lodged under section 27(7) of the EMPC Act – on the day on which the period within which such an appeal may be lodged expires; or
(ii) if an appeal to the Appeal Tribunal is lodged under section 27(7) of the EMPC Act – on the day on which the Minister receives notice of the determination of the appeal;
(b) if the Minister has, under section 149(1) , required the applicant to provide further information or take action, or both – the period commencing on the day on which the Minister makes that requirement and ending –
(i) on the day on which the Minister is satisfied that he or she has received all further information, and that all actions have been taken, in accordance with a requirement of a notice under section 149(1) ; or
(ii) if a review under Part 14 is lodged against the requirement and the review is determined in favour of the applicant – on the day on which the applicant receives notice of the determination of the review;
(c) if the applicant has, under section 151(1) , requested the Minister to amend the permit application – the period commencing on the day the Minister receives the request and ending on the day the Minister grants or refuses to grant the request.