New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 78

78 Suspension and cancellation of access licences

(1) The Minister may suspend or cancel an access licence on any one or more of the following grounds--

(a) that the holder of the licence has failed to comply with any term or condition to which the licence is subject,

(b) that the holder of the licence has been convicted of an offence against this Act or the regulations,

(c) if any fees, charges or civil penalties in respect of the licence have not been paid, whether or not those fees, charges or civil penalties were incurred by the current holder of the licence,

(d) that the holder of the licence has failed to comply with any direction given to the holder under this Act in connection with the licence,

(e) that the licence was granted as a result of false, misleading or materially inaccurate information supplied by or on behalf of the applicant.

(2) Instead of or in addition to suspending or cancelling an access licence, the Minister may order a major utility or local water utility to pay to the Minister a civil penalty of an amount not exceeding $500,000 and a further civil penalty of an amount not exceeding $20,000 for each day that the circumstances giving rise to the initial civil penalty continue to exist.

(3) During any period of suspension of an access licence--

(a) the holder of the licence is not authorised by the licence to order or take any water credited to the water allocation account for the licence, and

(b) the holder of the licence is not entitled to apply for the registration of any dealing with respect to the licence, and

(c) appropriate water allocations continue to accrue to the water allocation account for the licence, and

(d) fees and charges payable under this Act in respect of the licence will continue to apply.

Note : See also section 11 (1) (e) of the Natural Resources Access Regulator Act 2017 and Schedule 2 to that Act.