Conditions of licence
56 Conditions of licence
S. 56(1) amended by No. 32/2010 s. 77(Sch.).
A licence issued under section 51 is subject to—
any conditions that are prescribed or fixed by the Minister relating to—
the protection of a waterway or an aquifer; or
the purposes for which the water may be used; or
in the case of a licence issued under section 51, the maximum amounts of water which may be taken in particular periods or circumstances; or
in the case of a licence issued under section 51, payment for the amount of water used; or
the protection of the environment, including the riverine and riparian environment; or
S. 56(1)(a)(va) inserted by No. 99/2005 s. 28(1).
the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; or
the conservation policy of the Government; or
the efficient use of water resources; or
if appropriate, the proper management of the waterway and its surrounds or of the aquifer; or
the drainage regime within the meaning of section 12(1); or
the manner in which the licensee is to compensate any person whose existing authorised use of water may be adversely and materially affected by the allocation or use of water under the licence; or
the protection or control of in-stream uses; or
in the case of a licence issued under section 51, the installation and use of measuring devices or pumps; and
S. 56(1)(a)(xiii) inserted by No. 5/2002 s. 26(1), amended by No. 24/2013 s. 12(1).
notification of change of ownership of land on which water is taken under a registration licence; and
S. 56(1)(b) amended by No. 69/1993 s. 4, repealed by No. 24/2013 s. 12(2).
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any other conditions that the Minister thinks fit and specifies in the licence.
Compensation under subsection (1)(a)(x) may be financial or may be constituted by the making available of, or granting of access to, water.
S. 56(3) amended by Nos 5/2002 s. 26(2), 32/2010 s. 77(Sch.).
Unless sooner revoked or cancelled, a licence issued under section 51(1) remains in force for the period (not exceeding 15 years) specified in the licence but may be renewed under section 58.
S. 56(3A) inserted by No. 5/2002 s. 26(3), amended by No. 24/2013 s. 12(1).
Unless sooner revoked, cancelled or surrendered, a registration licence remains in force for an unlimited period.
S. 56(4) inserted by No. 62/1995 s. 32(1), amended by No. 5/2002 s. 26(4), repealed by No. 99/2005 s. 28(2).
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S. 56(5) inserted by No. 79/1995 s. 34, amended by Nos 69/2000 s. 65(3), 48/2021 s. 56.
If the Minister is satisfied that a generation company requires a licence under this Division to take and use groundwater for purposes associated with an open cut coal mine, the licence may, despite subsection (3), be issued for a period exceeding 15 years (but not exceeding 30 years) specified in the licence, subject to any special conditions determined by the Minister.
S. 56(6) inserted by No. 35/1997 s. 29, amended by Nos 69/2000 s. 65(3), 48/2021 s. 56.
If the Minister is satisfied that a generation company requires a licence under this Division to take and use water for purposes associated with the operation of a hydro-electric power station, the licence may, despite subsection (3), be issued for a period exceeding 15 years (but not exceeding 40 years) specified in the licence, subject to any special conditions determined by the Minister.
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