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WATER ACT 1989 - SECT 64AJ

Suspension of water-use licence

    (1)     The Minister may suspend a water-use licence if the Minister reasonably believes that—

        (a)     there has been a failure to comply with a condition to which the licence is subject; or

        (b)     there has been a failure to comply with a notice of contravention under section 151 that relates to the licence; or

        (c)     the holder of the licence has not paid a fee payable in respect of the licence or any charge payable under section 287A.

    (2)     Before suspending a licence under this section, the Minister must—

        (a)     notify the holder of the licence as to—

              (i)     the reason for proposing to suspend the licence; and

              (ii)     the rights the holder of the licence has under this section to make submissions on the proposal; and

              (iii)     the terms on which the suspension will be lifted; and

        (b)     allow the holder an opportunity to make written submissions on the proposal to suspend the licence; and

        (c)     notify any person who has a registered mortgage (under the Transfer of Land Act 1958 ) over the land specified in the licence of the proposed suspension of the licence.

    (3)     Submissions under subsection (2)(b) must be made within 2 months of the giving of the notice.

    (4)     In deciding whether or not to suspend a licence under this section, the Minister must have regard to submissions made under subsection (2)(b) within the period for the making of submissions.

    (5)     The Minister must not suspend the licence on the ground of the failure to pay—

        (a)     a fee payable in respect of the licence; or

        (b)     a charge payable under section 287A

if the fee has been paid within the period allowed under subsection (3) for the making of submissions.

    (6)     On making a decision as to whether or not to suspend a licence under this section, the Minister must notify the holder of the licence of that decision.

    (7)     A suspension under this section remains in force until the Minister, in writing, notifies the holder of the licence that it is no longer in force.

S. 64AK inserted by No. 99/2005 s. 54.



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