71Notice of application to vary licence

71 Notice of application to vary licence

(1)  This section applies to an application for the variation of a licence if the effect of the variation would be to increase the amount of water that may be taken from a water resource under a licence and if –

(a) the relevant water management plan requires that the application be advertised; or

(b) the Minister is of the opinion that the variation may have a significant effect on other users of water or the environment.

(2)  [Section 71 Subsection (2) amended by No. 56 of 2008, s. 37, Applied:11 Feb 2009] When considering an application to which this section applies, the Minister must, by notice published in a local newspaper, invite affected persons to make written representations to the Minister on the application.

(3)  A notice under subsection (2) is to state –

(a) details of the application, the relevant water resource, each water allocation, the purpose for which each proposed allocation will be used and such other information relating to the application as the Minister may require for the purposes of this Part; and

(b) the name and address of the person to whom representations may be sent and the time by which they are to be received.

(4)  [Section 71 Subsection (4) amended by No. 56 of 2008, s. 37, Applied:11 Feb 2009] [Section 71 Subsection (4) inserted by No. 30 of 2005, s. 7, Applied:11 Jul 2005] However, a notice under subsection (2) is not required where –

(a) notification is given in a local newspaper of a public meeting to be held of persons holding licences for irrigation to discuss their requirements for water for irrigation and the Minister's intention to conduct a survey of the usage of water for irrigation; and

(b) the Minister is satisfied from evidence produced by those persons and the survey that the variation of a licence is necessary or desirable having regard to –