New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 66

66 Conditions of access licence generally

(1) An access licence is subject to such conditions as the Minister may from time to time impose--

(a) which must include such conditions as are required to be imposed on the licence by this Act or by any relevant management plan, and

(b) which may include such other conditions, such as--

(i) conditions to give effect to any agreement between an applicant and objector under section 62 (5), and

(ii) conditions relating to the protection of the environment,

as the Minister thinks fit (
"discretionary conditions" ).

(1AA) An access licence is subject to any mandatory conditions imposed by this Act or the regulations.

(1A) Mandatory conditions (other than conditions imposed by the regulations) do not have effect in relation to an access licence unless they are included in the terms of the licence.

(2) A mandatory condition prevails over a discretionary condition to the extent of any inconsistency between them.

Note--: If a management plan or Minister's plan is replaced or amended during the term of an access licence, the mandatory conditions applying to the access licence may vary.

(2A) When granting a specific purpose access licence, the Minister is to impose a condition on the licence so as to ensure that the licence is used for the purpose for which it is granted. Such a condition may limit the operation of the licence to a particular location.

(3) At the end of each 5-year period, the Minister is to vary each local water utility licence so as to reflect any variation in population, together with any variation in associated commercial activities, that has occurred during that period in the area in which domestic water is supplied under the licence.

(3A) In subsection (3),
"associated commercial activities" means activities within the following categories recognised in the Australian and New Zealand Standard Industry Classification (ANZSIC), 1993 edition (Australian Bureau of Statistics publication, Catalogue No 1292.0)--

(a) construction (category E),

(b) wholesale trade (category F),

(c) retail trade (category G),

(d) accommodation, cafes and restaurants (category H),

(e) communication services (category J),

(f) finance and insurance (category K),

(g) property and business services (category L),

(h) government administration and defence (category M),

(i) education (category N),

(j) health and community services (category O),

(k) cultural and recreational services (category P),

(l) personal and other services (category Q).

(4) On the application of a local water utility, the Minister may at any time increase the utility's entitlement to water under a local water utility licence so as to reflect any rapid growth of population within the utility's area requiring an immediate increase in the availability of water for supply by that utility.

(5) In this section,
"mandatory condition" means a condition referred to in subsection (1) (a) or (1AA) or imposed under section 8E.