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WATER MANAGEMENT ACT 1999 - SECT 156 Determination of permit application

WATER MANAGEMENT ACT 1999 - SECT 156

Determination of permit application

(1)  In this section –
previous Part 8 means Part 8 of this Act as in force before the commencement of the Water Management Amendment (Dam Works) Act 2015 .
(2)  In determining a permit application, the Minister is to –
(a) seek to further the objectives of this Act; and
(b) act consistently with –
(i) any relevant State policy; and
(ii) any relevant approval guidelines.
(3)  After considering a permit application, the Minister may –
(a) grant the permit application; or
(b) if the applicant agrees, grant the permit application subject to the amendments to the permit application that the Minister considers appropriate; or
(c) refuse to grant the permit application.
(4)  The Minister must grant a permit application if reasonably satisfied that the proposed dam works –
(a) are consistent with –
(i) the objectives of this Act; and
(ii) any relevant State policy; and
(iii) any relevant approval guidelines; and
(b) will not result in material environmental harm, serious environmental harm or environmental nuisance; and
(c) will not have a significant adverse impact on other persons who take water from a water resource affected by the proposed dam works; and
(d) will not adversely impact on public safety.
(5)  Despite subsection (4) , the Minister may refuse to grant a permit application –
(a) if the Minister considers that the proposed dam works are not, or that it is not possible for the proposed dam works to be, consistent with –
(i) the objectives of this Act; and
(ii) any relevant State policy; and
(iii) any relevant approval guidelines; or
(b) if the Minister considers that the proposed dam works may –
(i) result in material environmental harm, serious environmental harm or environmental nuisance; or
(ii) have a significantly adverse impact on other persons who take water from a water resource affected by the proposed dam works; or
(iii) adversely impact on public safety; or
(c) if the proposed dam works are wholly or partly within a pipeline planning corridor and the Minister considers they are likely to compromise the safety or safe operation of the pipeline in that corridor; or
(d) if the applicant has been convicted of an offence under this Part, the previous Part 8 or Part 8A .
(6)  Despite subsection (4) , the Minister is to refuse to grant a permit application if the EPA Board has assessed the proposed dam works under section 27(3) of the EMPC Act and determined that they must not proceed.
(7)  If, within 14 days after the permit application is made, the Minister determines it by refusing to grant it, the Minister is not required to publish or provide notice under sections 145 and 147 .