Victorian Current Acts

WATER ACT 1989 - SECT 64FS

    (1)     The Minister, on the Minister's own motion, may cancel a general place of take approval if the Minister reasonably believes that the holder of the approval has not taken water from the approved place under the approval for—

        (a)     a period of 10 or more years; or

        (b)     if a lesser period is prescribed, that period.

    (2)     The Minister, on the Minister's own motion, may cancel a general place of take approval, if the Minister reasonably believes that the holder of the approval is not authorised to use water taken from the approved place on land under a related water-use licence or water-use registration because the holder—

        (a)     does not hold such a related water-use licence or water-use registration; and

        (b)     does not have the consent of the holder of such a related water-use licence or water-use registration to so use water.

    (3)     Subsection (2) does not apply if the holder of the approval is the holder of a bulk entitlement or an environmental entitlement.

    (4)     When deciding whether or not to cancel a general place of take approval, the Minister—

        (a)     must have regard to any submissions made under section 64FT(3) within the required time; and

        (b)     must apply any relevant rules made under Division 4; and

        (c)     may have regard to any other matter the Minister considers relevant.

    (5)     The Minister must notify the holder of the approval of the Minister's decision as to whether or not to cancel the approval.

S. 64FT inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13).