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WATER ACT 1989 - SECT 64AK

Revocation of water-use licence

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

        (a)     in the case of the holder of a water-use licence who has been found guilty of a failure to comply with a condition of the licence, that person has continued after that finding of guilt to fail to comply with that condition; or

        (b)     in the case of a licence that is or has been suspended, water has been used during the suspension on the land specified in the licence for a purpose for which a water-use licence would be required; or

        (c)     in the case of a licence that has been suspended, the holder of the licence has, within 3 years of the completion of the period of suspension, failed to comply with a condition of the licence.

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

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

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

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

        (b)     allow the holder an opportunity to make written submissions on the proposal to revoke 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 revocation of the licence.

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

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

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

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



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