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WATER ACT 1989 - SECT 68

Matters to be taken into account

In considering an application under section 67, the Minister must—

        (a)     have regard to the report of any panel appointed under section 66; and

S. 68(ab) inserted by No. 5/2002 s. 37(b).

        (ab)     have regard to any advice and comments received within the period of 30 days referred to in section 67B(1); and

        (b)     have regard to any adverse effect that the exercise of rights under the licence is likely to have—

              (i)     on the drainage regime within the meaning of section 12(1); or

              (ii)     on in-stream uses of water; or

              (iii)     otherwise on the aquifer or on the flow of water within the waterway, including effects on the land that forms the waterway or its surrounds; or

              (iv)     on the implementation of the conservation policy of the government; and

S. 68(ba) inserted by No. 5/2002 s. 37(c).

        (ba)     have regard to the matters mentioned in paragraphs (b) to (n) of section 40(1); and

S. 68(bb) inserted by No. 5/2002 s. 37(c).

        (bb)     give effect to an approved management plan for any relevant water supply protection area; and

S. 68(c) amended by No. 36/1992 s. 21(2), substituted by No. 5/2002 s. 37(d).

        (c)     consider the likely effects of the escape of water from the works; and

S. 68(d) inserted by No. 36/1992 s. 21(2), amended by No. 5/2002 s. 37(e).

        (d)     have regard to whether the site of the proposed works is within a heritage river area or natural catchment area within the meaning of the Heritage Rivers Act 1992 and whether there is any restriction on the use of the area under that Act; and [15]

S. 68(e) inserted by No. 5/2002 s. 37(f).

        (e)     have regard to any other matter that the Minister thinks fit.



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