sec.114Deciding application for water licence

### sec.114 Deciding application for water licence The chief executive must decide to grant, or to grant in part, with or without conditions, or refuse to grant, the application. Subsection (3) applies if the granting, or granting in part, of the application would be inconsistent with a water plan. The chief executive must refuse the application and give notice of the decision, including the reasons for the decision, within 30 business days after deciding the application. Subsection (5) applies if the chief executive makes a decision consistent with— the water plan, if no other decision could have been made; or a water entitlement notice; or the terms of grant or sale for an unallocated water release process. The chief executive must give notice of the decision, including the reasons for the decision, within 30 business days after deciding the application. Subsection (7) applies if— a water plan does not apply to the water the subject of the application; or the chief executive makes a decision consistent with the water plan and a different decision consistent with the plan could have been made. The chief executive must give the applicant, and any entity who gave a properly made submission about the application, an information notice about the decision within 30 business days after deciding the application. If the chief executive grants the application, or grants the application in part, with or without conditions, the chief executive must, within 30 business days after the granting, give a water licence in the approved form to— the applicant; or if after making the application the applicant has ceased to be an owner of land to which the application relates—the registered owner of the land. The licence has effect from the day the information notice or notice of the decision is given to the applicant. s 114 amd 2005 No. 19 s 33 sub 2013 No. 23 s 241; 2014 No. 64 ss 67 (1) , 68 amd 2019 No. 17 s 360 sch 1 (sec.114-ssec.1) The chief executive must decide to grant, or to grant in part, with or without conditions, or refuse to grant, the application. (sec.114-ssec.2) Subsection (3) applies if the granting, or granting in part, of the application would be inconsistent with a water plan. (sec.114-ssec.3) The chief executive must refuse the application and give notice of the decision, including the reasons for the decision, within 30 business days after deciding the application. (sec.114-ssec.4) Subsection (5) applies if the chief executive makes a decision consistent with— the water plan, if no other decision could have been made; or a water entitlement notice; or the terms of grant or sale for an unallocated water release process. (sec.114-ssec.5) The chief executive must give notice of the decision, including the reasons for the decision, within 30 business days after deciding the application. (sec.114-ssec.6) Subsection (7) applies if— a water plan does not apply to the water the subject of the application; or the chief executive makes a decision consistent with the water plan and a different decision consistent with the plan could have been made. (sec.114-ssec.7) The chief executive must give the applicant, and any entity who gave a properly made submission about the application, an information notice about the decision within 30 business days after deciding the application. (sec.114-ssec.8) If the chief executive grants the application, or grants the application in part, with or without conditions, the chief executive must, within 30 business days after the granting, give a water licence in the approved form to— the applicant; or if after making the application the applicant has ceased to be an owner of land to which the application relates—the registered owner of the land. (sec.114-ssec.9) The licence has effect from the day the information notice or notice of the decision is given to the applicant. - (a) the water plan, if no other decision could have been made; or - (b) a water entitlement notice; or - (c) the terms of grant or sale for an unallocated water release process. - (a) a water plan does not apply to the water the subject of the application; or - (b) the chief executive makes a decision consistent with the water plan and a different decision consistent with the plan could have been made. - (a) the applicant; or - (b) if after making the application the applicant has ceased to be an owner of land to which the application relates—the registered owner of the land.