Circumstances in which Minister may refuse to accept surrender of access licence

Current

For the Act, section 77(2B), the Minister may refuse to accept the surrender of an access licence if one or more of the following applies—

(a)

the licence is subject to a registered security interest or registered caveat,

(b)

the holder of the access licence has failed to pay a fee, charge or civil penalty payable in relation to the licence,

(c)

for a licence for which a water supply work or extraction point is nominated under the Act, section 71W—the Minister is satisfied—

(i)

the continued taking of water using the work or from the extraction point is not intended, and

(ii)

water is still being taken, or is still capable of being taken, using the work or from the extraction point, and

(iii)

work needed to stop the taking of water using the work or from the extraction point has not been completed or satisfactorily completed,

(d)

for a licence for which a water supply work or extraction point is nominated under the Act, section 71W—the Minister is satisfied—

(i)

the continued taking of water using the work or from the extraction point is intended, and

(ii)

water is still being taken, or is still capable of being taken, using the work or from the extraction point, and

(iii)

if the licence is surrendered—the continued taking of water using the work or from the extraction point will not be authorised under the Act.

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