Conditions on which licence may be issued
71 Conditions on which licence may be issued
A licence issued under section 67 is subject to—
the prescribed conditions; and
S. 71(1)(ab) inserted by No. 5/2002 s. 39(a).
a condition requiring payment of any annual charge fixed by the Minister in accordance with section 74A; and
S. 71(1)(ac) inserted by No. 99/2005 s. 31(a).
any condition that the Minister thinks fit—
as to the maximum amounts of water that may be taken in particular periods and circumstances; and
the installation and use of measuring devices and pumps; and
any other conditions that the Minister thinks fit relating to—
the standard of construction, dimensions and any other feature of the works and any associated works; or
the future maintenance and operation of the works and any associated works and the date on which operation of those works may commence; or
the date of commencement of the works and the notice required to be given of that commencement; or
the submission of reports on the carrying out of the work; or
S. 71(1)(b)(iva) inserted by No. 99/2005 s. 31(b).
the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; or
the qualifications required to be held by persons undertaking, designing, constructing or operating the whole or any part of the work; or
the protection of the environment, including the riverine and riparian environment; or
the implementation of the conservation policy of the government; or
in the case of works on a waterway, additional works or measures to be undertaken for—
the protection and enhancement of in-stream uses of water; or
the protection of the waterway and its surrounds; or
the maintenance of flow in the waterway; or
the maintenance of the drainage regime within the meaning of section 12(1); or
in the case of works for the storage of water within a waterway, steps to be taken to maintain the availability of water to satisfy other entitlements; or
S. 71(1)(b)(ixa) inserted by No. 5/2002 s. 39(b).
without limiting subparagraph (ix), in the case of any dam, whether or not on a waterway—
surveillance of the dam, including surveillance by the Minister or a person holding one or more qualifications approved by the Minister and engaged by the licensee; or
the procedures for management of dam safety; or
the procuring of water, by transfer or otherwise, for every year that the dam is in operation; or
in the case of a bore—
additional works or measures to be undertaken for the protection of the aquifer or for the maintenance of flow; or
requiring samples of materials excavated from the bore and of water encountered in the bore to be taken and given to a specified Authority; or
S. 71(1)(b) (x)(C) amended by No. 5/2002 s. 39(c).
requiring all or any part of the works to be carried out by, or under the direction of, a licensed driller; and
S. 71(1)(c) inserted by No. 5/2002 s. 39(d).
without derogating from rights to water for domestic and stock use conferred by section 8, any other conditions that the Minister thinks fit and specifies in the licence.
S. 71(1A) inserted by No. 85/2006 s. 48.
In addition to any conditions to which a licence under section 67 is subject under subsection (1), a licence under section 67 is subject to conditions that are prescribed or fixed by the Minister relating to—
the maximum amounts of water which may be taken in particular periods or circumstances from any bore or works to which the licence relates; or
the installation and use of measuring devices and pumps; or
the operation of any bore or works (to which the licence relates) for extracting water from waterways.
A licence issued under section 67 remains in force for the period specified in the licence but, if necessary, may be renewed under section 72.
This provision refers to the regulations (prescribed conditions
). Made under this Act:
- Water (Drillers' Licences) Regulations 2022 · under section 324
- Water (General) Regulations 2021 · under sections 119 and 324
- Water (Infringements) Regulations 2020 · under section 324
4 more instruments made under this Act are listed on the Act’s overview.
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