55Determination of application

55 Determination of application S. 55(1) amended by Nos 5/2002 s. 25(1), 32/2010 s. 77(Sch.). (1) Subject to section 51A, the Minister may either refuse an application under section 51 or approve it and issue a licence under that section. S. 55(2) amended by No. 5/2002 s. 25(1)(2). (2) Subject to section 51A, the Minister must refuse the application if, in his or her opinion, the allocation or use of water under the licence would be in conflict with an approved management plan for any relevant water supply protection area. S. 55(2A) inserted by No. 5/2002 s. 25(3). (2A) If an application under section 51 relates to a State observation bore, the Minister must refuse the application if, in the Minister's opinion, the exercise of rights under the proposed licence will or may interfere with the function of the bore as a State observation bore. S. 55(2B) inserted by No. 5/2002 s. 25(4), substituted by No. 99/2005 s. 27. (2B) Subject to section 51A, the Minister must refuse an application under section 51 if, in the Minister's opinion— (a) the allocation or use of water under the licence will or may result in the permissible consumptive volume for the area for that year or a future year being exceeded; or (b) the allocation under the licence is likely to have an adverse effect on maintaining the environmental water reserve in accordance with the environmental water reserve objective. (3) Without limiting subsection (1), the Minister may refuse the application if, in his or her opinion, the applicant should instead have applied for the grant of a bulk entitlement to water under Division 1. S. 55A inserted by No. 23/2019 s. 26.