Water Management Act 1999

The Minister may vary a well works permit on his or her own motion at any time if, after consulting the permit holder, the Minister is reasonably satisfied that the variation is necessary to ensure that the permit – is consistent with the objectives of this Act, any relevant water management plan and any relevant order under section 124A; or will not result in material or serious environmental harm or environmental nuisance; or will not adversely impact on a groundwater monitoring bore; or will not damage or adversely impact on property owned by a third party; or will not adversely impact on public safety; or will not adversely impact on other persons taking water from the relevant water resource or any hydrologically linked water resource.

The Minister may also vary a well works permit consequent on an application made by the permit holder – in accordance with section 12A; and with the consent of the owner of the relevant land (if the owner is a person other than the permit holder).

Subject to subsection (4), the Minister may – approve the application; or refuse the application.

The application must be approved if the Minister is reasonably satisfied that the permit as proposed to be varied – would be consistent with the objectives of this Act, any relevant water management plan and any relevant order under section 124A; and would not result in material or serious environmental harm or environmental nuisance; and would not adversely impact on a groundwater monitoring bore; and would not damage or adversely impact on property owned by a third party; and would not adversely impact on public safety; and would not adversely impact on other persons taking water from the relevant water resource or any hydrologically linked water resource.

The variation of a well works permit under this section takes effect when the holder of the permit is given notice of it or on such later date as the Minister, by the notice, specifies.

If the variations are substantially different to those that the holder of the permit has agreed to in consultations under subsection (1) or applied for under subsection (2), the notice of variation is to advise of any rights of review or appeal under Part 14.

The Minister, on varying a well works permit may issue a fresh form of the permit to reflect the variation.

If subsection (3)(b) applies, the Minister is to notify the applicant as soon as practicable of – the refusal; and the reasons for the refusal; and any rights of review or appeal under Part 14.