Variation of water-use licences on motion of Minister
64AG Variation of water-use licences on motion of Minister
The Minister, on the Minister's own motion, may vary a water-use licence by imposing a new condition on the licence or by amending an existing condition on the licence.
(2) The Minister must not vary a condition on a licence or impose a new condition on a licence under subsection (1) unless the Minister is satisfied that the variation or new condition (as the case requires) is consistent with the water‑use objectives that apply to the licence.
Before making a variation under this section, the Minister must—
notify the holder of the licence as to—
the nature of the proposal to vary the licence; and
the rights the holder of the licence has under this section to make submissions on the proposal; and
allow the holder an opportunity to make written submissions on the proposal to vary the licence.
Submissions under subsection (3) must be made within 2 months of the giving of the notice.
In deciding whether or not to make a variation under this section, the Minister must—
have regard to submissions made under subsection (3) within the period for the making of submissions; and
notify the holder of the licence of the Minister's decision.
A variation under this section has effect from the later of—
the date that the notice under subsection (5) is served; or
the date that is specified by the Minister in that notice.
S. 64AH inserted by No. 99/2005 s. 54.
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