5Declarations of waterways

5 Declarations of waterways (1) The Minister may, by notice in the Gazette, declare any land not already a waterway: (a) over which water collects or flows, whether or not the collection or flow is continuous; or Water Act 1992 10 (b) adjacent to land that is otherwise a waterway, to be a waterway for the purposes of this Act. (2) The Minister shall not make a declaration under subsection (1) unless: (a) the Minister is satisfied that: (i) the declaration has been applied for by a person who, if the land were a waterway, would have the right to take and use water from it under section 10 or 11; (ii) the applicant has caused notice of the application to be published in a newspaper circulating generally in the area in which the land is situated; and (iii) the applicant has caused notice of the application to be given or sent by post to: (A) the owner and the lawful occupier of the land; (B) the council of the municipality in which the land is situated, if it is situated in a municipality; and (C) the responsible authority in relation to a planning area, if any, in which the land is situated; and (b) the Minister has considered all submissions on the application made within 40 business days after the publication or giving of notice of the application under paragraph (a)(ii) or (iii), whichever is the later. (3) The Minister may require further information in relation to an application to be provided by the applicant. (4) A copy of a request made under subsection (3) shall be given or sent by post to all persons who, in the opinion of the Minister, are affected by the request. (5) The Minister may, in writing, as a condition precedent to the Minister making a declaration under subsection (1), require a person who: (a) owns land on the declared waterway; or (b) who will benefit from the declaration, Water Act 1992 11 to pay the amount of compensation specified by the Minister to another person who: (c) owns land on the declared waterway; or (d) will suffer detriment as a result of the declaration. (6) The Minister may, by notice in the Gazette, declare coastal waters of the Territory (within the meaning of the Coastal Waters (Northern Territory Powers) Act 1980 of the Commonwealth), to be tidal water for the purposes of this Act.