Water Management Act 1999

This section applies to an application for the variation of a licence if the effect of the variation would be to increase the amount of water that may be taken from a water resource under a licence and if – the relevant water management plan requires that the application be advertised; or the Minister is of the opinion that the variation may have a significant effect on other users of water or the environment.

When considering an application to which this section applies, the Minister must, by notice published in a local newspaper, invite affected persons to make written representations to the Minister on the application.

A notice under subsection (2) is to state – details of the application, the relevant water resource, each water allocation, the purpose for which each proposed allocation will be used and such other information relating to the application as the Minister may require for the purposes of this Part; and the name and address of the person to whom representations may be sent and the time by which they are to be received.

However, a notice under subsection (2) is not required where – notification is given in a local newspaper of a public meeting to be held of persons holding licences for irrigation to discuss their requirements for water for irrigation and the Minister's intention to conduct a survey of the usage of water for irrigation; and the Minister is satisfied from evidence produced by those persons and the survey that the variation of a licence is necessary or desirable having regard to – the survey referred to in paragraph (a); and the amount of water required to maintain any existing commercial enterprise at a specific time.

Also, the Minister, in his or her discretion, need not comply with subsection (2) if satisfied that – the water allocation to which the proposed variation relates would be solely for stock or domestic use, or a combination of those uses; and the maximum daily quantity of water taken under the proposed variation would be less than 0.01 megalitres; and the taking of the water allocation would not have a significant effect on other users of water or the environment.