135FVariation of well works permit

135F Variation of well works permit

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

(1)  The Minister may vary a well works permit on his or her own motion at any time if, after consulting the permit holder, the Minister is reasonably satisfied that the variation is necessary to ensure that the permit –

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

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

(c) will not adversely impact on a groundwater monitoring bore; or

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

(e) will not adversely impact on public safety; or

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

(2)  The Minister may also vary a well works permit consequent on an application made by the permit holder –

(a) in accordance with section 12A ; and

(b) with the consent of the owner of the relevant land (if the owner is a person other than the permit holder).

(3)  Subject to subsection (4) , the Minister may –

(a) approve the application; or

(b) refuse the application.

(4)  The application must be approved if the Minister is reasonably satisfied that the permit as proposed to be varied –

(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