123CDetermination of application

123C Determination of application

[Section 123C Inserted by No. 56 of 2008, s. 55, Applied:11 Feb 2009]

(1)  Subject to subsection (2) , after considering an application for a watercourse authority the Minister may –

(a) approve the application; or

(b) refuse the application.

(2)  The application must be approved if the Minister is reasonably satisfied that issuing the watercourse authority –

(a) would be consistent with the objectives of this Act and any relevant water management plan; and

(b) would not result in material or serious environmental harm or environmental nuisance; and

(c) would not have a significant adverse impact on other persons taking water from the relevant water resource or on the commercial operations of a major user of water from that water resource; and

(d) would not adversely impact on public safety.

(3)  If subsection (1)(b) applies, the Minister is to notify the applicant as soon as practicable of –

(a) the refusal; and

(b) the reasons for the refusal.