Water Act 2000

This section applies to a water licence (expired licence) that, before the commencement—

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 initial expiry; and

was later reinstated or replaced by another water licence (new licence) on application by the holder of the licence.

The holder of the new licence may request the chief executive to make a validating declaration in relation to the licence.

The chief executive may make the validating declaration if—

the chief executive is satisfied that it is appropriate to do so having regard to all of the circumstances surrounding the initial expiry of the expired licence and the consequences of a failure to make the declaration on the applicant; and

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

If the chief executive makes the validating declaration, the new licence is taken, for all purposes, to have been granted on the initial expiry of the expired licence.

The chief executive must advise the holder of the chief executive’s decision within 30 business days after making the decision.

In this section—validating declaration, for a new licence, means a declaration having the effect mentioned in subsection (4).