144Application for Division 3 permit

144 Application for Division 3 permit

[Section 144 Subsection (3) substituted by No. 57 of 2002, s. 14, Applied:05 Dec 2002] [Section 144 Subsection (6) amended by No. 6 of 2007, s. 19, Applied:16 Jul 2007] [Section 144 Substituted by No. 33 of 2015, s. 20, Applied:01 Jan 2016]

(1)  A person may apply to the Minister for a Division 3 permit to undertake dam works in respect of –

(a) a single dam; or

(b) a group of dams that collectively store, hold back or impede the flow of a single body of water.

(2)  An application –

(a) must comply with section 12A ; and

(b) if the applicant is not the owner of the land on which the proposed dam works would be undertaken – must include a declaration that the applicant has notified the owner of the land, in writing, of the intention to make the application.

(3)  If the Minister determines that an application does not comply with section 12A and the requirements of this section, and accordingly does not constitute an application under this section, the Minister must notify the applicant of that fact.

(4)  A notice under subsection (3)  –

(a) is to be in writing; and

(b) is to be given within 10 days after the Minister receives the application; and

(c) is to include information concerning the applicant's rights of review or appeal under Part 14 .

(5)  If –

(a) an applicant lodges an application for review under Part 14 in relation to the Minister's determination that the application does not comply with section 12A and the requirements of this section; and