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WATER REGULATION 2016 - REG 36
Deciding application
36 Deciding application
(1) After considering the matters mentioned in section 35 , the chief
executive may— (a) refuse the application; or
(b) approve the application
with or without conditions.
(2) Subsection (3) applies if approving the
application would be inconsistent with the matters the chief executive must
consider under section 35 (1) (b) .
(3) The chief executive must refuse the
application and give notice of the decision, including the reasons for the
decision, within 30 business days after deciding the application.
(4)
Subsection (5) applies if the chief executive makes a decision consistent with
the matters the chief executive must consider under section 35 (1) (b) and if
no other decision could have been made.
(5) The chief executive must give
notice of the decision, including the reasons for the decision, within 30
business days after deciding the application.
(6) Subsection (7) applies
if— (a) water sharing rules mentioned in schedule 5 apply to the relocation
of the licence that is the subject of the application; or
(b) the chief
executive makes a decision consistent with the water plan or water management
protocol and a different decision consistent with the plan or protocol could
have been made.
(7) The chief executive must give the applicant an
information notice about the decision within 30 business days after deciding
the application.
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