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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 31 March 2020 at 10:24)
Part 3 Division 1 Clause 26
26   Advertising of applications for approvals
(1)  The following classes of applications are to be advertised, as referred to in section 92(7) of the Act—
(a)  applications for water supply work approvals for—
(i)  works for the taking of water from a river, or
(ii)  bores for the taking of water, other than bores used solely for taking water in accordance with a person’s basic landholder rights, or
(iii)  works (such as weirs) that have the effect of impounding water in a water source, or
(iv)  works (such as tanks and dams) that are constructed or used for the purpose of capturing rainwater run-off,
(b)  applications for water use approvals for irrigation,
(c)  applications whose advertising is required by any relevant management plan,
(d)  applications for flood work approvals for flood works that the Minister has assessed under this clause to be non-complying flood works,
(e)  applications for flood work approvals for flood works that are situated in or on a floodplain for which there is no management plan (including a converted floodplain management plan) in force with respect to that floodplain.
(2)  If an application is made for a flood work approval, the Minister is to assess whether the flood work to which the application relates is a non-complying flood work.
(3)  A flood work to which an application relates is to be assessed to be a non-complying flood work only if—
(a)  the work is situated, or proposed to be constructed, in an area to which a converted floodplain management plan applies, and
(b)  the Minister is not satisfied that the work complies with the converted floodplain management plan.
(4)  An application referred to in subclause (1)(a) does not have to be advertised (unless required to be advertised by a management plan referred to in subclause (1)(c)) if the water supply work concerned is to be used—
(a)  for a period of not more than 6 months, and
(b)  for one of the following purposes—
(i)  road construction or road maintenance by a roads authority (within the meaning of the Roads Act 1993),
(ii)  drought relief,
(iii)  dust suppression,
(iv)  prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991,
(v)  any environmental purpose authorised by a plan approved by the Minister under section 8E(7) of the Act,
(vi)  hydrostatic testing of gas pipelines.
(5)  An application referred to in subclause (1)(a)(i) does not have to be advertised (unless required to be advertised by a management plan referred to in subclause (1)(c)) if the water supply work concerned—
(a)  is to be used solely for taking or using water pursuant to a replacement access licence, and
(b)  was in existence at the time the relevant replacement access licence came into force.
(6)  An application referred to in subclause (1)(b) does not have to be advertised (unless required to be advertised by a management plan referred to in subclause (1)(c)) if the land to which the application relates is land in respect of which a replacement access licence.
(6A)  An application referred to in subclause (1) does not have to be advertised if the water supply work concerned is to be used for the taking of water in relation to floodplain water usage by a landholder that is to be converted into a replacement floodplain harvesting access licence (within the meaning of section 57A of the Act), but only if that licence has not been granted to the landholder.
(7)  An application for an approval must be advertised by the Minister by means of a notice published—
(a)  in a newspaper circulating throughout the area the application affects, or as many newspapers circulating within the various parts of that area as are necessary to ensure that it reaches all parts of that area, and
(b)  in a newspaper circulating among such Aboriginal communities as, in the opinion of the Minister, could be affected by the granting of such an approval, and
(c)  on the Department’s website.
(8)  The notice must contain the following information—
(a)  the name of the applicant,
(b)  the type of approval to which the application relates,
(c)  particulars indicating the location to which the application relates,
(d)  in the case of a water supply work approval, the capacity of the work and the water source and stream from which the work is proposed to take water,
(e)  in the case of a water use approval, the purpose for which water is to be used under the approval,
(f)  the form in which any objection against the application should be made for the purposes of section 93 of the Act,
(g)  the address to which, and the time by which, any such objection should be made,
(h)  the name and contact details for the relevant departmental officer.
(9)  In this clause—
replacement access licence means a replacement access licence arising under Division 9, 11, 12 or 13 of Part 2 of Schedule 4 to the Water Management (General) Regulation 2011 as in force pursuant to clause 259(2).