Interpretation of Division
270 Interpretation of Division
For the purposes of this Division, each of the following is taken to be an interested person:
in respect of a declaration under section 38(1) – the applicant; and a licensee or other person with a right to take water from the relevant water resource;
in respect of an approval under section 63 or 73 or a refusal under section 64 or 74 – the applicant; and a person who made a representation under section 65 or 71;
in respect of a determination under section 69(2)(c) – the relevant licensee; and a person with a financial interest in the licence or a water allocation of the licence;
in respect of the imposition of conditions under section 80(2)(a) – the licensee; and a person with a financial interest in the licence or a water allocation of the licence;
in respect of a refusal under section 80(2)(b) – the licensee; and a person with a financial interest in the licence or a water allocation of the licence;
in respect of a direction given under section 86(1), the person to whom the water allocation is to be granted;
in respect of a reduction under section 88(1) – the licensee; and a person with a financial interest in the licence or the relevant water allocation of the licence;
in respect of an approval under section 97(2) or 101(1) or a refusal under section 98, the applicant;
in respect of a cancellation, suspension or variation under section 106(3) or a suspension or cancellation under section 106(4) – the licensee; and a person with a financial interest in the licence or a relevant water allocation of the licence;
in respect of a direction under section 126, the owner or occupier of the relevant land;
in respect of an approval or refusal under section 135B or 136C, the applicant;
in respect of a variation pursuant to section 135F or 136H, the relevant permit holder or licensee;
in respect of a cancellation or suspension under section 135G or 136I, the relevant permit holder or licensee;
in respect of a renewal under section 136F, the licensee;
in respect of a determination under section 144(3) that an application for a Division 3 permit does not comply with the relevant requirements, the applicant;
in respect of a requirement under section 149, the applicant for the permit to which the requirement relates;
in respect of a determination under section 156 of an application for a Division 3 permit – the applicant; and a person who made a representation under section 146 in relation to the application;
in respect of a notice under section 162, the person undertaking the dam works to which the notice relates;
in respect of the imposition of conditions on a Division 3 permit under section 164 – the holder of the permit; and a person who made a representation under section 146 in relation to the application to which the permit relates;
in respect of a refusal to extend the term of a Division 3 permit under section 164E, the applicant for the extension;
in respect of a refusal to amend a permit under section 164G, the applicant for the amendment;
in respect of the issuing to the holder of a permit of a requirement under section 164ZA(2), the holder of the permit;
in respect of the issuing to the holder of a permit of a requirement under section 164ZB(3), the holder of the permit;
in respect of the issue under section 164ZC of a dam operating notice, the person to whom the notice is issued;
in respect of a requirement or direction under section 164ZM or section 282(3) – the person on whom the notice of the requirement or direction is served; and where the notice of the requirement or direction is served on a person other than the owner of the relevant land, the owner or occupier of that land;
in respect of an alteration of boundaries made under section 180(1) – the relevant water entity; and where the application is for an extension of the water district, an owner of land proposed to be included in the extended district;
in respect of an approval under section 183(1) – the responsible water entity; and the owner or occupier of the land to be acquired; and a person with a financial interest in the land to be acquired;
in respect of a direction under section 208(1), the trust;
in respect of a dissolution of a Trust under Division 3 of Part 10, the trust;
in respect of a decision to make, or to refuse to make, a delegation under section 226D(1) – the eligible body, as defined in section 226A, in relation to the water district to which the application for the delegation relates; and an irrigation district participant, as defined in section 226A, in respect of the irrigation district to which the application for the delegation relates;
in respect of a decision to vary a term or condition of a delegation, or to revoke a delegation, under section 226G, an irrigation delegate, or irrigation district participant, both as defined in section 226A;
in respect of a decision to revoke a delegation under section 226H, the irrigation delegate, as defined in section 226A, to which the delegation relates.
This Act’s bill:Explanatory notesSecond reading speech
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