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Water Act 1992
90Factors to be considered
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90 Factors to be considered
(1AA) This section applies in relation to the following decisions of the
Controller:
(a) a decision to grant, amend or modify a permit, licence or
consent under section 41, 57, 63, 65, 67, 74 or 93(1), other
than an amendment or modification to a permit, licence or
consent that is an administrative amendment;
(b) a decision to renew a permit or licence under section 93A(4);
(c) a water extraction licence decision;
(d) a decision to approve the transfer of an entitlement to take
water under a licence.
(1) In making a decision to which this section applies, the Controller
must take into account any of the following factors that are relevant
to the decision:
(a) the availability of water in the area in question;
(ab) any water allocation plan applying to the area in question;
(b) the existing and likely future demand for water for domestic
purposes in the area in question;
Water Act 1992 79
(c) any adverse effects likely to be created as a result of activities
under the permit, licence or consent on the supply of water to
which any person other than the applicant is entitled under this
Act;
(d) the quantity or quality of water to which the applicant is or may
be entitled from other sources;
(e) the designated beneficial uses of the water and the quality
criteria pertaining to the beneficial uses;
(f) the provisions of any agreement made by or on behalf of the
Territory with a State of the Commonwealth concerning the
sharing of water;
(g) existing or proposed facilities on, or in the area of, the land in
question for the retention, recovery or release of drainage
water, whether surface or sub-surface drainage water;
(h) the adverse effects, if any, likely to be created by such
drainage water resulting from activities under the licence on
the quality of any other water or on the use or potential use of
any other land;
(j) the provisions under the Planning Act 1999 relating to the
development or use of land in the area in question;
(k) other factors the Controller considers should be taken into
account or that the Controller is required to take into account
under any other law in force in the Territory.
applicant includes the person to whom a permit, licence or consent
is or is to be granted when the Controller acts on the Controller's
own initiative without an application having been made.