(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.