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Contents (2000 - 92)
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Water Management Act 2000 No 92
Current version for 1 July 2019 to date (accessed 22 September 2019 at 04:39)
Chapter 3 Part 3 Division 4
Division 4 Amendment, surrender, suspension and cancellation of approvals
107   Amendment of approvals
(1)  Without limiting any other power conferred by another provision of this Act, the Minister may amend an approval:
(a)  on the application of the holder of the approval, or
(b)  to create 2 or more approvals from a single approval in such circumstances as may be prescribed by the regulations, or
(c)  in such other circumstances as may be prescribed by the regulations.
Note.
 Section 109 (2A) also enables the Minister to amend an approval to give effect to the suspension or cancellation of part of the approval.
(1A)  Action under subsection (1) (b) or (c) may not be taken in relation to an approval unless the Minister:
(a)  has given written notice to the holder of the approval that the Minister proposes to take such action, and
(b)  has given the holder of the approval a reasonable opportunity to make submissions to the Minister with respect to the proposed action, and
(c)  has taken any such submissions into consideration.
(2)  Without limiting subsection (1), an approval may be amended to alter, remove, add to or reduce any of the uses, works, activities or land to which the approval relates.
(3)  An amendment of an approval must not result in the approval relating to any additional land, or authorising the extension, construction or use of a water management work on any additional land, unless the additional land adjoins the land to which the unamended approval relates and is lawfully occupied by the holder of the approval.
(4)  Subsection (3) does not apply to an amendment to an approval in respect of a joint scheme (referred to in section 101 (1)) that results in the approval applying to additional land.
(5)  If the granting of an application under this section would result in the approval concerned relating to additional uses, works, activities or land, the application is to be advertised, assessed and determined in accordance with this Part in the same way as an application for a new approval, but only in relation to the additional uses, works, activities or land.
(6)  In considering any application under this section, the Minister is to have regard to any order of the Supreme Court under section 74 that affects the matters covered by the application.
108   Surrender of approvals
(1)  Subject to subsection (1A), the holder of an approval may surrender the approval at any time by notice in writing sent to the Minister.
(1A)  The Minister may, by written notice served on the holder of the approval, refuse to accept the surrender of the approval if the Minister considers it appropriate to do so or in such other circumstances as may be prescribed by the regulations.
(2)  The surrender takes effect on the date on which the notice is received by the Minister or such later date as is specified in the notice.
(3)  Without limiting section 109, the Minister may:
(a)  cancel a surrendered approval, or
(b)  transfer the surrendered approval to the Minister or to another person.
109   Suspension and cancellation of approvals
(1)  The Minister may suspend or cancel an approval (or any part of an approval) on any one or more of the following grounds:
(a)  that the holder of the approval has failed to comply with any term or condition to which the approval is subject,
(b)  that the holder of the approval has been convicted of an offence against:
(i)  this Act or the regulations, or
(ii)  the Plumbing and Drainage Act 2011 or the regulations under that Act,
(c)  that the holder of the approval has failed to make due payment with respect to any fee or charge that is payable under this Act in relation to the approval,
(c1)  in the case of an approval granted in relation to a water supply work, if:
(i)  the holder of the approval is also the holder of an access licence for which the water supply work has been nominated under section 71W (Access licence may nominate water supply works), and
(ii)  the holder of the access licence has failed to make due payment with respect to any fees, charges or civil penalties that are payable in respect of the licence (whether or not those fees, charges or civil penalties were incurred by the current holder of the approval),
(c2)  in the case of an approval granted in relation to a water supply work referred to in section 104 (3), if:
(i)  the holder of the approval cannot, on the written request of the Minister, demonstrate that the water bore the subject of the approval is being maintained in accordance with the conditions of the approval, or
(ii)  the water bore has been decommissioned,
(d)  in the case of an approval granted in relation to a water management work, the holder of the approval has failed to comply with any direction given to the holder under this Act in connection with the work,
(e)  that the approval 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 approval, the Minister may order a major utility to pay to the Minister a civil penalty not exceeding $500,000 and, in the case of a continuing offence, a further penalty not exceeding $20,000 for each day for which the offence continues.
(2A)  If the Minister suspends or cancels a part of an approval, the Minister may amend the approval so as to give effect to that suspension or cancellation.
(3)  Action under this section may not be taken in relation to an approval unless the Minister:
(a)  has given written notice to the holder of the approval that the Minister proposes to take such action, and
(b)  has given the holder of the approval a reasonable opportunity to make submissions to the Minister with respect to the proposed action, and
(c)  has taken any such submissions into consideration.
(4)  If the Minister fails to give notice to the holder of an approval before taking action under this section, the Minister is taken to have complied with subsection (3) (a)–(c) in relation to that holder if the Minister took all reasonable steps to give notice under subsection (3) to the holder within the period of 28 days before taking the action.
Note.
 See also section 11 (1) (e) of the Natural Resources Access Regulator Act 2017 and Schedule 2 to that Act.