Rights in Water and Irrigation Regulations 2000

The Minister may, subject to this regulation and regulation 14, by notice in writing given to a permit holder —

suspend a permit —

for a fixed period specified in the notice; or

until such time as the permit holder is notified by the Minister that the suspension no longer applies;

cancel a permit.

The Minister may only exercise a power described in subregulation (1) in relation to a permit if —

in the opinion of the Minister, the exercise of the power is necessary or desirable —

due to the detrimental effect of actions authorised by the permit on another person;

to protect the water resource to which the permit relates from unacceptable damage; or

to protect the associated environment from unacceptable damage;

in the opinion of the Minister, the exercise of the power is necessary due to a serious inconsistency, which cannot be resolved by an amendment under regulation 12, arising as a result of —

the approval of a plan, or the alteration, revocation or substitution of a plan, under Part III Division 3D Subdivision 2 of the Act; or

the making, amendment or repeal of relevant local by‑laws;

the permit holder —

is convicted of an offence against a relevant Act; or

has contravened or failed to comply with any term, condition or restriction included in the permit;

in the opinion of the Minister, the exercise of the power is necessary to comply with another written law of the State or a law of the Commonwealth;

in the opinion of the Minister, the exercise of the power is necessary or desirable in the public interest; or

the permit confers authority for the Minister to do so.

The suspension or cancellation of a permit has effect to suspend or cancel the rights and privileges conferred by the permit but does not affect the duties imposed by the permit.

A permit holder must, within 7 days of receiving notice under subregulation (1) that the permit is suspended or cancelled give the permit to the Minister —

to be annotated in accordance with subregulation (3) if any duties are imposed by the permit; or

if no duties are imposed by the permit and the permit is —

suspended, to be retained by the Minister until the suspension no longer applies; or

cancelled, to be retained by the Minister.