Water Act 1989

The Minister may cancel a water-use licence if the Minister reasonably believes that water has not been used on the land specified in the licence for the purposes for which use of water is authorised under the licence for the immediately preceding period of 10 years.

Before cancelling a licence under this section, the Minister must—

notify the holder of the licence as to—

the reason for proposing to cancel 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 whether or not water has been used on the land in the preceding 10 years; and

notify any person who has a registered mortgage (under the Transfer of Land Act 1958) over the land specified in the licence of the proposed cancellation of the licence.

Submissions under subsection (2)(b) must be made within 2 months of the giving of the notice.

In deciding whether or not to cancel a licence under this section, the Minister must have regard to submissions made under subsection (2)(b) within the period for the making of submissions.

On making a decision as to whether or not to cancel a licence under this section, the Minister must notify the holder of the licence of that decision.