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Contents (2018 - 480)
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Water Management (General) Regulation 2018
Current version for 7 February 2020 to date (accessed 5 April 2020 at 17:55)
Part 2 Division 1 Clause 14
14   Circumstances in which Minister may refuse to accept surrender of access licence
For the purposes of section 77(2B) of the Act, the Minister may refuse to accept the surrender of an access licence if—
(a)  the licence is subject to a registered security interest or a registered caveat, or
(b)  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, or
(c)  the licence is one for which a water supply work or extraction point is nominated under section 71W of the Act and the Minister is satisfied—
(i)  that the continued taking of water by means of the work or from the extraction point is not intended, and
(ii)  that water is still being taken, or is still capable of being taken, by means of the work or from the extraction point, and
(iii)  that work that needs to be done to stop the taking of water by means of the work or from the extraction point has not been completed or satisfactorily completed, or
(d)  the licence is one for which a water supply work or extraction point is nominated under section 71W of the Act and the Minister is satisfied—
(i)  that the continued taking of water by means of the work or from the extraction point is intended, and
(ii)  that water is still being taken, or is still capable of being taken, by means of the work or from the extraction point, and
(iii)  if the licence is surrendered, the continued taking of water by means of the work or from the extraction point will not be authorised under the Act (for example, authorised under another access licence or in exercise of a harvestable right or domestic and stock right or because the Minister agrees to hold the surrendered licence until the taking of water by means of the work or from the extraction point ceases).