New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 107

107 Amendment of approvals

(1) Without limiting any other power conferred by another provision of this Act, the Minister may amend an approval--

(a) on the application of the holder of the approval, or

(b) to create 2 or more approvals from a single approval in such circumstances as may be prescribed by the regulations, or

(c) in such other circumstances as may be prescribed by the regulations.

Note--: Section 109 (2A) also enables the Minister to amend an approval to give effect to the suspension or cancellation of part of the approval.

(1A) Action under subsection (1) (b) or (c) may not be taken in relation to an approval unless the Minister--

(a) has given written notice to the holder of the approval that the Minister proposes to take such action, and

(b) has given the holder of the approval a reasonable opportunity to make submissions to the Minister with respect to the proposed action, and

(c) has taken any such submissions into consideration.

(2) Without limiting subsection (1), an approval may be amended to alter, remove, add to or reduce any of the uses, works, activities or land to which the approval relates.

(3) An amendment of an approval must not result in the approval relating to any additional land, or authorising the extension, construction or use of a water management work on any additional land, unless the additional land adjoins the land to which the unamended approval relates and is lawfully occupied by the holder of the approval.

(4) Subsection (3) does not apply to an amendment to an approval in respect of a joint scheme (referred to in section 101 (1)) that results in the approval applying to additional land.

(5) If the granting of an application under this section would result in the approval concerned relating to additional uses, works, activities or land, the application is to be advertised, assessed and determined in accordance with this Part in the same way as an application for a new approval, but only in relation to the additional uses, works, activities or land.

(6) In considering any application under this section, the Minister is to have regard to any order of the Supreme Court under section 74 that affects the matters covered by the application.