sec.130When application for dealing must be assessed as application for new water licence

### sec.130 When application for dealing must be assessed as application for new water licence This section applies to an application for a dealing with a water licence, other than an application made under section 126 (2) , if the dealing— will, or is likely to, do 1 or more of the following— increase the amount of water that may be taken under the licence; increase the rate at which water may be taken under the licence; change the location of taking or interference with water under the licence; increase or change the interference with water under the licence; or is an amendment to add, remove or change a condition of the licence; or is the renewal or reinstatement of the licence. Subject to subsection (3) , sections 112 to 115 apply to the application for the dealing as if— a reference in sections 112 to 115 to an application for a water licence were a reference to the application for the dealing; and a reference in section 112 (3) (b) (i) to the location of the proposed taking of, or interference with, water were a reference to the particulars of the dealing; and a reference in section 113 to any water licence granted were a reference to the water licence mentioned in subsection (1) ; and a reference in section 113 (c) to section 111 were a reference to section 128 ; and a reference in section 114 (8) to a water licence were a reference to an amended water licence, or a new water licence, that gives effect to the dealing; and a reference in section 114 (9) to the licence were a reference to the amended water licence, or the new water licence, mentioned in paragraph (e) . However, the chief executive is not required to publish a public submissions notice for the application for the dealing if— subsection (1) (a) does not apply in relation to the dealing; and the chief executive is not satisfied publishing the public submissions notice would be— in the interests of Aboriginal people and Torres Strait Islanders and their connection with water resources; or in the public interest. In this section— public submissions notice , for an application for a dealing with a water licence, means a notice about the application under section 112 (3) , as applied under subsection (2) . s 130 sub 2001 No. 75 s 31 ; 2014 No. 64 ss 67 (1) , 68 (amd 2016 No. 60 s 15 (23) ) amd 2018 No. 24 s 251 sub 2023 No. 24 s 17 (sec.130-ssec.1) This section applies to an application for a dealing with a water licence, other than an application made under section 126 (2) , if the dealing— will, or is likely to, do 1 or more of the following— increase the amount of water that may be taken under the licence; increase the rate at which water may be taken under the licence; change the location of taking or interference with water under the licence; increase or change the interference with water under the licence; or is an amendment to add, remove or change a condition of the licence; or is the renewal or reinstatement of the licence. (sec.130-ssec.2) Subject to subsection (3) , sections 112 to 115 apply to the application for the dealing as if— a reference in sections 112 to 115 to an application for a water licence were a reference to the application for the dealing; and a reference in section 112 (3) (b) (i) to the location of the proposed taking of, or interference with, water were a reference to the particulars of the dealing; and a reference in section 113 to any water licence granted were a reference to the water licence mentioned in subsection (1) ; and a reference in section 113 (c) to section 111 were a reference to section 128 ; and a reference in section 114 (8) to a water licence were a reference to an amended water licence, or a new water licence, that gives effect to the dealing; and a reference in section 114 (9) to the licence were a reference to the amended water licence, or the new water licence, mentioned in paragraph (e) . (sec.130-ssec.3) However, the chief executive is not required to publish a public submissions notice for the application for the dealing if— subsection (1) (a) does not apply in relation to the dealing; and the chief executive is not satisfied publishing the public submissions notice would be— in the interests of Aboriginal people and Torres Strait Islanders and their connection with water resources; or in the public interest. (sec.130-ssec.4) In this section— public submissions notice , for an application for a dealing with a water licence, means a notice about the application under section 112 (3) , as applied under subsection (2) . - (a) will, or is likely to, do 1 or more of the following— (i) increase the amount of water that may be taken under the licence; (ii) increase the rate at which water may be taken under the licence; (iii) change the location of taking or interference with water under the licence; (iv) increase or change the interference with water under the licence; or - (i) increase the amount of water that may be taken under the licence; - (ii) increase the rate at which water may be taken under the licence; - (iii) change the location of taking or interference with water under the licence; - (iv) increase or change the interference with water under the licence; or - (b) is an amendment to add, remove or change a condition of the licence; or - (c) is the renewal or reinstatement of the licence. - (i) increase the amount of water that may be taken under the licence; - (ii) increase the rate at which water may be taken under the licence; - (iii) change the location of taking or interference with water under the licence; - (iv) increase or change the interference with water under the licence; or - (a) a reference in sections 112 to 115 to an application for a water licence were a reference to the application for the dealing; and - (b) a reference in section 112 (3) (b) (i) to the location of the proposed taking of, or interference with, water were a reference to the particulars of the dealing; and - (c) a reference in section 113 to any water licence granted were a reference to the water licence mentioned in subsection (1) ; and - (d) a reference in section 113 (c) to section 111 were a reference to section 128 ; and - (e) a reference in section 114 (8) to a water licence were a reference to an amended water licence, or a new water licence, that gives effect to the dealing; and - (f) a reference in section 114 (9) to the licence were a reference to the amended water licence, or the new water licence, mentioned in paragraph (e) . - (a) subsection (1) (a) does not apply in relation to the dealing; and - (b) the chief executive is not satisfied publishing the public submissions notice would be— (i) in the interests of Aboriginal people and Torres Strait Islanders and their connection with water resources; or (ii) in the public interest. - (i) in the interests of Aboriginal people and Torres Strait Islanders and their connection with water resources; or - (ii) in the public interest. - (i) in the interests of Aboriginal people and Torres Strait Islanders and their connection with water resources; or - (ii) in the public interest.