Australian Capital Territory Repealed Acts

This legislation has been repealed.

WATER RESOURCES ACT 1998 (REPEALED) - SECT 69

    (1)         The authority may, on application, grant to a person a permit to construct or alter a dam, water storage or other water control structure in a waterway.

Note 1     A fee may be determined under s 78 (Determination of fees) for this section.

Note 2     If a form is approved under s 78A (Approved forms) for an application, the form must be used.

    (2)         In deciding whether or not to grant a permit under subsection (1) the authority shall have regard to whether—

        (a)     the structure is in the interests of the public; and

        (b)     the environment would be adversely affected; and

        (c)     environmental flows will be maintained; and

        (d)     the rights of other water users will be adversely affected; and

        (e)     the applicant is the holder of a licence under section 35 in respect of water to be taken from the structure; and

        (f)     the structure is designed to permit water to pass over, under or through it.

    (3)         The authority may grant a permit under subsection (1) subject to such conditions as are specified in the permit.

    (4)         A person shall not, without reasonable excuse, contravene a condition of a permit granted under this section.

Maximum penalty: 50 penalty units.

    (5)         A permit shall be granted for such period, not exceeding 12 months, as is specified in the permit.

    (6)         Section 49 applies to the variation of the conditions of a permit granted under this section.

    (7)     This section does not affect the operation of the Land (Planning and Environment) Act 1991 .