Rights in Water and Irrigation Regulations 2000

The grant or refusal of an application for a licence and the terms, limitations and conditions to be included in the licence are, subject to regulation 36, at the discretion of the Minister.

In exercising that discretion the Minister is to have regard to all matters that the Minister considers relevant, including whether the construction or action proposed in the application —

is in the public interest;

is ecologically sustainable;

is environmentally acceptable;

may prejudice other current and future needs for water;

would, in the opinion of the Minister, have a detrimental effect on another person;

is in keeping with —

local practices;

a relevant local by‑law;

a plan approved under Part III Division 3D Subdivision 2 of the Act; or

relevant previous decisions in relation to such applications;

is consistent with —

land use planning instruments;

the requirements and policies of other government agencies; or

any intergovernmental agreement or arrangement.

The Minister is not to have regard to the safety of —

the design; or

the method of construction, or operation,

The Minister is to have regard to any submissions made by the applicant under regulation 34(3) before making the final decision.

The Minister may refuse to grant a licence to a person on the ground that the person has been convicted of an offence against a relevant Act.

The Minister may refuse to grant a licence to a person if not satisfied that the person has the resources, including the financial resources, to carry out the activities to which the licence relates.