Water Management Act 2000

The Minister may, by notice in writing served on a person at the person’s last known address, require the person to deliver up an access licence certificate or an instrument evidencing any matter that may be recorded in the Access Register for the purpose of the certificate or instrument being cancelled or corrected if the Minister is satisfied that—

the certificate has been issued to the person in error or contains any misdescription of an access licence or holding in an access licence, or

a recording has been made in error in the Access Register, or

the certificate or recording in the Access Register has been fraudulently or wrongfully obtained by the person, or

the certificate or instrument is fraudulently or wrongfully retained by the person.

If the person—

cannot be found for the giving of such notice of requirement, or

having been given such notice does not comply with the requirement,

The Court may order that service on the defendant of the originating process and of all other documents in the proceedings be dispensed with.

Subject to the Land and Environment Court Act 1979, the Court must not order that service on the defendant be dispensed with unless the Court is satisfied that—

the defendant cannot be found in New South Wales, or

it is uncertain whether the defendant is living.

The Court may order the personal attendance before it of the defendant.

On the personal appearance of the defendant before the Court, the Court may examine the defendant on oath.

The Court may order the defendant to deliver up to the Minister, within such time as the Court may fix, the access licence certificate or instrument evidencing the matter.