40Matters to be taken into account

40 Matters to be taken into account

S. 40(1) amended by No. 32/2010 s. 25(1)(a).

(1) In considering an application under section 36(1), the Minister must have regard to the following matters—

(a) the report of any panel appointed under section 39(1);

S. 40(1)(ab) inserted by No. 32/2010 s. 25(1)(b).

(ab) all submissions received by the Minister that were made in accordance with a notice under section 38(2)(a) in the manner and within the period specified in the notice;

(b) the existing and projected availability of water in the area;

S. 40(1)(ba) inserted by No. 5/2002 s. 13(1)(a), amended by No. 99/2005 s. 16(a).

(ba) the permissible consumptive volume, if any, for the area;

(c) the existing and projected quality of water in the area;

(d) any adverse effect that the allocation or use of water under the entitlement is likely to have on—

(i) existing authorised uses of water; or

(ii) a waterway or an aquifer; or

S. 40(1)(d)(iii) amended by Nos 5/2002 s. 13(1)(b)(i), 99/2005 s. 16(b)(i).

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

S. 40(1)(d)(iv) repealed by No. 5/2002 s. 13(1)(b)(ii), new s. 40(1)(d)(iv) inserted by No. 99/2005 s. 16(b)(ii).

(iv) the maintenance of the environmental water reserve in accordance with the environmental water reserve objective;

(e) any water to which the applicant is already entitled;

S. 40(1)(f) repealed by No. 32/2010 s. 25(1)(c).

(g) the need to protect the environment, including the riverine and riparian environment;

S. 40(1)(h) repealed by No. 5/2002 s. 13(1)(c).

(i) the conservation policy of the government;

(j) government policies concerning the preferred allocation or use of water resources;

S. 40(1)(jaa) inserted by No. 39/2018 s. 61(2) (as amended by No. 27/2019 s. 47).

(jaa) any environment reference standard within the meaning of the Environment Protection Act 2017 and any Order made by the Governor in Council under section 156 of the Environment Protection Act 2017;

S. 40(1)(ja) inserted by No. 36/1992 s. 21(1).

(ja) whether the proposed source of water 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[12];

(k) if appropriate, the proper management of the waterway and its surrounds or of the aquifer;