64Refusal of application for a licence

64 Refusal of application for a licence

[Section 64 Amended by No. 56 of 2008, s. 33, Applied:11 Feb 2009] The Minister may refuse an application for a licence if –

(a) [Section 64 Amended by No. 56 of 2008, s. 33, Applied:11 Feb 2009] it is not possible to endorse a water allocation on the licence consistently with the objectives of this Act or any relevant water management plan; or

(b) the Minister is satisfied –

(i) [Section 64 Amended by No. 49 of 2002, s. 14, Applied:01 Mar 2003] [Section 64 Amended by No. 56 of 2008, s. 33, Applied:11 Feb 2009] that the licence would have a significant adverse impact on any existing licensee or a person taking water under Part 5 or on the commercial operations of a major user of water from the relevant water resource; or

(ii) after consultation with the Director of Public Health, that the water to be taken under the licence is so contaminated that its use would create a risk to the health of people or that the taking or use of the water would contravene the Public Health Act 1997 or any guidelines in force under that Act; or

(iii) that the water to be taken under the licence is so contaminated that its use would create a risk to the health of animals; or

(iv) [Section 64 Amended by No. 76 of 2007, Sched. 1, Applied:01 Jul 2008] after consultation with the Director, Environment Protection Authority, that the proposed taking or use of the water would contravene the EMPC Act; or

(c) the applicant –

(i) has been convicted of an offence under this Act; or

(ii) [Section 64 Amended by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] has accepted an infringement notice.