Water Management Act 2000

Action under section 77A or 78 may not be taken in relation to an access licence unless the Minister—

has given written notice to the holder of the access licence, and if there are security holders in relation to the access licence to those security holders, that the Minister proposes to take such action, and

has given any such person that has been notified a reasonable opportunity to make submissions to the Minister with respect to the proposed action, and

has taken any such submissions into consideration.

If the Minister fails to give notice to the holder of an access licence or a security holder before taking action under section 77A or 78, the Minister is taken to have complied with subsection (1) (a)–(c) in relation to that holder if the Minister took all reasonable steps to give notice under subsection (1) to the holder within the period of 28 days before taking the action.

Subsection (1) (b) and (c) do not apply to the cancellation of an access licence under section 77A (1), (4), (5) or (6).

Despite subsection (1), a security holder is not entitled to make a submission in relation to the proposed suspension or cancellation of an access licence other than a submission to the effect that the security holder is prepared to make arrangements satisfactory to the Minister for the payment of any outstanding fee, charge or administrative penalty if such payment would result in the Minister not proceeding with the suspension or cancellation.