176Approval of application

176 Approval of application

(1)  The Minister must, in considering the application, take account of any representations or advice received under section 174 .

(2)  Where the Minister is satisfied that approval of the application will assist in furthering the objectives of this Act, the Minister may approve the application and, by notice published in the Gazette, appoint, name and define a water district.

(2A)  [Section 176 Subsection (2A) inserted by No. 56 of 2008, s. 83, Applied:11 Feb 2009] The notice is not a statutory rule.

(3)  The Minister may amend a proposal in an application before approval if considered desirable after taking into account any representations or advice received under section 174 .

(4)  If the amendment is substantial –

(a) the Minister must notify the applicant, give an explanation of the amendment and consult with the applicant with respect to the amendment; and

(b) the applicant must amend the application; and

(c) the amended application is to be treated as a new application under section 168 , 169 or 170 .

(5)  [Section 176 Subsection (5) amended by No. 12 of 2004, s. 48, Applied:09 Jun 2004] [Section 176 Subsection (5) amended by No. 12 of 2004, s. 48, Applied:09 Jun 2004] An approval under subsection (2) may be subject to conditions or without conditions and, where the application is made by landowners, the approval is to be conditional on the establishment of the proposed water entity.

(6)  An approval under this section is to be consistent with any relevant water management plan.

(7)  The Minister must, within 14 days after publication of the notice in the Gazette, give notice of the appointment of a water district under subsection (2) in a local newspaper.