Water Act 2000

This section applies in relation to the following licences (each an expired licence) if the licence expired (its initial expiry) without the holder of the licence being notified, in writing, by the chief executive of its impending expiry or within a reasonable time after its expiry—

a water licence that expired before 1 July 2013 for which no application to renew or reinstate the licence was made under old section 220 or 221;

a water licence that expired under section 229 as in force immediately before 24 November 2011;

a licence that ceased to exist under the repealed Act, section 49.

An owner of land to which the expired licence attached may apply to the chief executive—

for an expired licence mentioned in subsection (1)(a)—to reinstate the licence and make a validating declaration; or

for an expired licence mentioned in subsection (1)(b) or (c)—to replace the licence and make a validating declaration.

If there is more than 1 owner of the land, or any part of the land, to which the expired licence attached, the owners may jointly apply to the chief executive to reinstate or replace the licence and make a validating declaration.

However, if there is more than 1 owner of the land, or any part of the land, to which the expired licence attached, an owner can not apply to the chief executive to reinstate or replace the licence unless the owner gives each other owner of the land or part of the land who is not a party to the application a copy of the application to reinstate or replace the licence and make a validating declaration.

An owner who is given a copy of the application under subsection (4) who wishes to join in the application to reinstate or replace the expired licence and make a validating declaration must apply to the chief executive to do so within 20 business days after receiving the copy of the application.

An application under this section must be—

made to the chief executive in the approved form; and

accompanied by the fee prescribed by regulation for an application for a dealing under section 122.

In deciding whether to grant or refuse the application, the chief executive must consider the application and the following—

any water plan that would apply to the reinstated or replaced licence;

the terms and conditions of the expired licence.

Section 114 applies to the chief executive’s decision.

The chief executive may reinstate or replace the expired licence and make a validating declaration if—

the chief executive is satisfied that it is appropriate to do so having regard to all of the circumstances surrounding its expiry; and

the applicant pays any fees and charges, or part of any fee or charge, that would otherwise have been payable in relation to the licence from the day of its initial expiry until its reinstatement or replacement that are decided by the chief executive having regard to all of the circumstances.

If the chief executive makes a validating declaration, the reinstated water licence or the water licence replacing the expired licence is taken, for all purposes, to have been reinstated or replaced on the expiry of the expired licence.

To remove any doubt, it is declared that the chief executive may reinstate or replace the expired licence without making a validating declaration.

Chapter 2, part 3, division 2 does not apply to an application under this section except to the extent provided by this section.

In this section—validating declaration, for an expired licence, means a declaration having the effect mentioned in subsection (10).