Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

WATER ACT 1989 - SECT 51AA

Amendment of original registration licences and issue of new registration licences in certain circumstances

    (1)     This section applies despite anything to the contrary in section 51.

    (2)     A holder of an original registration licence may apply to the Minister (without payment of an application fee) for—

        (a)     the original registration licence to be amended so that it authorises water to be taken and used from a single spring, soak or dam specified in the application, being a spring, soak or dam from which water was authorised to be taken and used under the licence immediately before its amendment under this section; and

        (b)     the issue of a licence to take and use water from each other spring, soak or dam from which water was authorised to be taken and used under the original registration licence immediately before its amendment under this section.

    (3)     An application under this section must—

        (a)     be made in a form and manner approved by the Minister; and

        (b)     contain any information or document that is required by the Minister.

    (4)     The Minister, on receiving an application under this section, may—

        (a)     amend the original registration licence so that it authorises water to be taken and used from the spring, soak or dam specified in the application; and

        (b)     issue a licence to take and use water from each other spring, soak or dam from which the holder of the original licence was authorised to take and use water under the original registration licence.

    (5)     The Minister, in amending an original registration licence under subsection (4)(a), must reduce the volume of water authorised to be taken and used under that licence by an amount that is equivalent to the amount that is authorised to be taken and used under every licence issued under this section.

    (6)     Subject to subsection (8), an original registration licence that is amended under subsection (4)(a) continues to be subject to any condition to which the licence was subject immediately before the licence was amended.

    (7)     A licence issued under this section—

        (a)     must not authorise the taking and use of water from more than one spring, soak or dam; and

        (b)     subject to subsection (8), is subject to any condition to which the taking and use of water from the relevant spring, soak or dam was subject under the original registration licence.

    (8)     The Minister may amend a condition referred to in subsection (6) or (7)(b) to the extent necessary to reflect the amendment of the original registration licence and the issue of every licence under this section.

    (9)     In this section, "original registration licence" means a registration licence issued under section 51(1A) that authorises water to be taken and used from more than one spring, soak or dam.

S. 51AB inserted by No. 24/2013 s. 11.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback