New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 78A

78A Notification of intention to suspend, cancel or require payment of penalty

(1) Action under section 77A or 78 may not be taken in relation to an access licence unless the Minister--

(a) has given written notice to the holder of the access licence, and if there are security holders in relation to the access licence to those security holders, that the Minister proposes to take such action, and

(b) has given any such person that has been notified a reasonable opportunity to make submissions to the Minister with respect to the proposed action, and

(c) has taken any such submissions into consideration.

(1A) If the Minister fails to give notice to the holder of an access licence or a security holder before taking action under section 77A or 78, the Minister is taken to have complied with subsection (1) (a)-(c) in relation to that holder if the Minister took all reasonable steps to give notice under subsection (1) to the holder within the period of 28 days before taking the action.

(2) Subsection (1) (b) and (c) do not apply to the cancellation of an access licence under section 77A (1), (4), (5) or (6).

(3) Despite subsection (1), a security holder is not entitled to make a submission in relation to the proposed suspension or cancellation of an access licence other than a submission to the effect that the security holder is prepared to make arrangements satisfactory to the Minister for the payment of any outstanding fee, charge or civil penalty if such payment would result in the Minister not proceeding with the suspension or cancellation.

Note--: See also section 11 (1) (e) of the Natural Resources Access Regulator Act 2017 and Schedule 2 to that Act.