Water Management Act 1999

On conviction of a licensee for an offence against section 82 or section 92(4) which has resulted in a significant adverse impact on any other person or material environmental harm or serious environmental harm, a court may cancel the licence or suspend it for such period as it thinks fit.

If the demerit points allocated to a licence under Division 2 of Part 13 exceed the prescribed number, the Minister may, on giving 7 days' notice to the licensee of his or her intention to do so, cancel or suspend the licence in accordance with the regulations.

If – a licensee has been convicted of an offence under the EMPC Act; and the Minister is satisfied that the environment of the water resource to which the licence relates has been detrimentally affected by the offence – the Minister may cancel, suspend or vary the licence on giving 7 days' notice to the licensee of his or her intention to do so.

The Minister may – suspend a licence where the licence fee payable under section 79 is not paid within 60 days after the due date; or cancel a licence where the licence fee payable under section 79 is not paid within 120 days after the due date – on giving 7 days' notice to the licensee of his or her intention to do so.

Where the register of licences, water allocations and permits includes a notation that a person has a financial interest in a licence that has been cancelled, suspended or varied, the Minister must notify that person of the cancellation, variation or suspension at least 7 days before it takes effect.

Where a suspension or cancellation is proposed under subsection (4), the notice is to specify a period of 30 days during which a person having a financial interest in the licence may pay the outstanding licence fee, in which case the proposed suspension or cancellation will have no effect.

Where a cancellation or suspension for a period exceeding 30 days – has been imposed under subsection (1); or is proposed under subsection (2) or (3) – the notice is to specify a period of 30 days during which a person having a financial interest in the licence or a water allocation of the licence may apply to the Minister for approval to transfer the licence or the relevant water allocation under Division 4 on such conditions as the Minister may require for the purposes of this Part.

A notice required to be given to a person under subsection (2), (3), (4) or (5) may be given to the person in writing or, if the person's whereabouts are unknown, given by means of a notice in the Gazette or a local newspaper, or both.