135BDetermination of application

135B Determination of application

[Section 135B Inserted by No. 56 of 2008, s. 62, Applied:11 Feb 2009]

(1)  Subject to subsection (2) , after considering an application for a well works permit 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 the proposed well works –

(a) would be consistent with the objectives of this Act, any relevant water management plan and any relevant order under section 124A ; and

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

(c) would not adversely impact on a groundwater monitoring bore; and

(d) would not damage or adversely impact on property owned by a third party; and

(e) would not adversely impact on public safety; and

(f) would not adversely impact on other persons taking water from the relevant water resource or any hydrologically linked water resource.

(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; and

(c) any rights of review or appeal under Part 14 .