Amendment of share or extraction components of access licences and other actions by Minister
68A Amendment of share or extraction components of access licences and other actions by Minister
The Minister may amend the share component or extraction component of an access licence in accordance with this Act or the relevant management plan.
The Minister may amend the share component or extraction component (or both) of an access licence so as to alter the water management area or water source to which the share component of the licence relates, or the locations from which water may be taken in accordance with the extraction component of the licence.
An amendment may only be made under subsection (1A) if—
the amendment is for the purpose of enabling the holder of the licence to take water from a different water source to that authorised by the licence because erroneous location data has resulted in the holder taking water from that different source, and
at the time at which the granting of the access licence was recorded in the Access Register, an access licence could have been granted to the holder authorising the taking of water from that different water source.
The Minister may amend the share component of a specific purpose access licence.
An amendment may only be made under subsection (1C) if that part of the share component that is the subject of the amendment is no longer necessary for the purpose for which the specific purpose access licence was granted.
The Minister may amend an access licence by withdrawing the nomination of a specified water supply work as a work by means of or from which water may be taken under the licence, if the work is the subject of an approval that has expired or has been cancelled or surrendered.
The Minister may amend an access licence or approval under subsection (1C) or (1E) at the Minister’s discretion or at the request of the holder of the licence or approval.
The Minister must cause written notice of an amendment of an access licence under this section to be served on the holder of the licence and any security holder in relation to the licence.
An amendment under this section has no effect until it is recorded in the Access Register.
Note.
The holder of an access licence that is amended in accordance with this section may be entitled to compensation under section 87.
This Act’s bill:Explanatory memorandumSecond reading speech
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