Factors to be considered
90 Factors to be considered
(1AA) This section applies in relation to the following decisions of the Controller:
(a) a decision to grant, amend or modify a permit, licence or consent under section 41, 57, 63, 65, 67, 74 or 93(1), other than an amendment or modification to a permit, licence or consent that is an administrative amendment;
a decision to renew a permit or licence under section 93A(4);
a water extraction licence decision;
(d) a decision to approve the transfer of an entitlement to take water under a licence.
(1) In making a decision to which this section applies, the Controller must take into account any of the following factors that are relevant to the decision:
the availability of water in the area in question;
any water allocation plan applying to the area in question;
(b) the existing and likely future demand for water for domestic purposes in the area in question;
(c) any adverse effects likely to be created as a result of activities under the permit, licence or consent on the supply of water to which any person other than the applicant is entitled under this Act;
(d) the quantity or quality of water to which the applicant is or may be entitled from other sources;
(e) the designated beneficial uses of the water and the quality criteria pertaining to the beneficial uses;
(f) the provisions of any agreement made by or on behalf of the Territory with a State of the Commonwealth concerning the sharing of water;
(g) existing or proposed facilities on, or in the area of, the land in question for the retention, recovery or release of drainage water, whether surface or sub-surface drainage water;
(h) the adverse effects, if any, likely to be created by such drainage water resulting from activities under the licence on the quality of any other water or on the use or potential use of any other land;
(j) the provisions under the Planning Act 1999 relating to the development or use of land in the area in question;
(k) other factors the Controller considers should be taken into account or that the Controller is required to take into account under any other law in force in the Territory.
In this section:
applicant includes the person to whom a permit, licence or consent is or is to be granted when the Controller acts on the Controller's own initiative without an application having been made.
This Act’s bill:Second reading speech
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