Victorian Current Acts

WATER ACT 1989 - SECT 64AV

    (1)     The Minister may cancel a water-use registration if the Minister reasonably believes that water has not been used on the land specified in the registration for the purposes for which use of water is authorised by the registration for the preceding period of 10 years.

    (2)     Before cancelling a water-use registration under this section, the Minister must—

        (a)     notify the holder of the water use registration as to—

              (i)     the reason for proposing to cancel the registration; and

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

        (b)     allow the holder an opportunity to make written submissions on whether or not water has been used on the land in the preceding 10 years.

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

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

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

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