Water Resources Act 2007

On application by a person for a water access entitlement, the Minister must—

grant the water access entitlement; or

refuse to grant the water access entitlement.

The Minister must not grant the water access entitlement unless satisfied that—

the amount of water to which the entitlement would give access—

is available for taking having regard to any determination in force under section 17 (Amounts of water available from areas) and any other water access entitlements and surviving allocations that exist in relation to the water management area; and

is not more than a reasonable amount for the intended use having regard to any determination in force under section 18 (Amounts of water reasonable for uses); and

the water is not intended to be used on urban residential property; and

the intended use of the water is otherwise consistent with the territory plan; and

the applicant does not hold a surviving allocation; and

Surviving allocations are water allocations that were granted under the repealed Act. A person holding a surviving allocation may surrender it, and be granted a water access entitlement, under this Act, pt 13 (Surviving allocations).

it is appropriate to grant the entitlement having regard to—

the applicant’s environmental record; and

anything else the Minister considers relevant.

Subsection (2) (b) does not apply if the applicant is a water utility.

In deciding applications, the Minister must give priority—

first, to any application for surface water by the owner or occupier of land who—

was previously able to take water without a licence because the water was taken from a waterway on or immediately adjacent to the land; and

can no longer do so because a boundary change was made to the land, on the Territory’s initiative, after the commencement of this Act; and

is seeking the water for stock or domestic use; and

second, to any application by a person who does not have access to urban water supply and is seeking the water for stock or domestic use; and

after that, as the Minister considers appropriate.