New South Wales Consolidated Acts

WATER ACT 1912 - SECT 20CB

20CB Renewal of authorities under section 20CA

(1)

(a) Subject as hereinafter in this section provided an authority may be renewed from time to time by the Ministerial Corporation on the application of the holders of the authority and on payment of the prescribed fee.

(b) Such application shall be made before the authority expires but the Ministerial Corporation may deal with an application even if it is lodged later.

(c) No renewal shall be for a period that, except in such circumstances as may be prescribed, exceeds 10 years at any one time.

(d) Pending the consideration of the application by the Ministerial Corporation, the Secretary or Magistrate or the Land and Environment Court on appeal, as the case may be, the authority shall not lapse but should the prescribed fee be not paid within the prescribed time the authority shall lapse.

(e) Where the Ministerial Corporation deals with an application for renewal lodged after the authority expires, paragraph (d) has effect as if the application had been under consideration since before the expiration of the authority.

(2)

(a) Where the Ministerial Corporation decides that an application for the renewal of an authority should be granted, the Ministerial Corporation shall notify the owners or occupiers of the intervening lands set out in the authority of such decision and of the period, terms, limitations and conditions to be attached to the renewal of the authority, and any such owner or occupier may, within twenty-eight days after the posting to the owner or occupier of such notification, lodge with the Ministerial Corporation an objection to the Ministerial Corporation's decision to grant the application or to the said period, terms, limitations and conditions. Every such objection shall be in writing and shall specify the grounds of objection.

(b) Where an objection has been lodged under the provisions of this subsection the application shall be dealt with in the manner provided in section 20CA (4).

(3)

(a) The Ministerial Corporation shall, where its decision is that an application for renewal of an authority should be granted and no objection or appeal has been lodged under subsection (2), or in compliance with any decision of the Secretary or Magistrate upon objection or that of the Land and Environment Court upon appeal favouring the granting of the application for renewal of such authority, issue to the applicants an authority subject to the works arrangements determined by the Ministerial Corporation and subject to the period, terms, limitations and conditions determined by the Ministerial Corporation or set out in the decision of the Land and Environment Court, as the case may be.

(b) An authority shall not be issued under paragraph (a) while any appeal is pending with respect to the application for the renewal of that authority.

(c) An authority under this subsection shall be issued only upon payment of a fee calculated in the manner and according to the prescribed scale.

(5) In this section,
"authority" means an authority issued under section 20CA.