63Determination of applications

#### 63 Determination of applications 63 Determination of applications > > (1) The Minister may determine an application for an access licence by granting or refusing to grant the licence. > > > (1A) An access licence may be granted unconditionally or subject to such conditions as are required or permitted to be imposed under Division 3. > > > (2) An access licence is not to be granted unless the Minister is satisfied that— > > > > > (a) the application has been made as provided by section 61 (1) (a), (b) or (c), and > > > > > (b) adequate arrangements are in force to ensure that no more than minimal harm will be done to any water source as a consequence of water being taken from the water source under the licence. > > > (3) Despite subsection (1)— > > > > > (a) a local water utility access licence may only be granted to a local water utility, and > > > > > (b) a major utility access licence may only be granted to a major utility. > > > > > (c) (Repealed) > > > (4) An access licence must specify— > > > > > (a) in relation to its share component, the water management area or water source to which it relates, and > > > > > (b) in relation to its extraction component, the times, rates or circumstances in which, and the areas or locations from which, water may be taken under the licence. > > > (5) An access licence may be issued with a zero share component or zero extraction component (or both) but, even if it is issued with a zero share component, must still specify the water management area or water source to which it relates. > > > (6) Two or more co-holders of an access licence granted under this section are taken to hold the access licence— > > > > > (a) as provided by the application for the access licence, or > > > > > (b) if the application makes no such provision, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between the tenants. > > > (7) An access licence is to be in such form as the Minister may determine. > > > (8)–(10) (Repealed) > > **s 63:** Am 2002 No 138, Sch 2 \[7\]–\[9\]; 2004 No 39, Schs 3 \[2\] \[3\], 4 \[8\]; 2008 No 73, Sch 6 \[10\]; 2011 No 62, Sch 1.23 \[2\]; 2014 No 48, Sch 1.10 \[2\].