97Grounds of refusal of certain applications

#### 97 Grounds of refusal of certain applications 97 Grounds of refusal of certain applications > > (1) A water use approval is not to be granted unless the Minister is satisfied that adequate arrangements are in force to ensure that no more than minimal harm will be done to any water source, or its dependent ecosystems, as a consequence of the proposed use of water on the land in respect of which the approval is to be granted. > > > (2) A water management work approval is not to be granted unless the Minister is satisfied that adequate arrangements are in force to ensure that no more than minimal harm will be done to any water source, or its dependent ecosystems, as a consequence of the construction or use of the proposed water management work. > > > (3) (Repealed) > > > (4) A controlled activity approval is not to be granted unless the Minister is satisfied that adequate arrangements are in force to ensure that no more than minimal harm will be done to any waterfront land as a consequence of the carrying out of the proposed controlled activity. > > > (5) A water management work approval for a water management work that is, or is proposed to be, situated on land not owned by the applicant is not to be granted unless the Minister is satisfied— > > > > > (a) that the applicant is likely to become the owner of the land within a reasonable time, or > > > > > (b) that the land is subject to an easement that authorises the construction and use of such a work for the benefit of the applicant’s land, or > > > > > (c) that the applicant is otherwise entitled (whether under this or any other Act or under an agreement applying to the land) to construct and use such a work. > > > (6) An aquifer interference approval is not to be granted unless the Minister is satisfied that adequate arrangements are in force to ensure that no more than minimal harm will be done to the aquifer, or its dependent ecosystems, as a consequence of its being interfered with in the course of the activities to which the approval relates. > > **s 97:** Am 2001 No 56, Sch 1.22 \[10\] \[11\]; 2002 No 138, Sch 3 \[5\]; 2008 No 73, Sch 6 \[15\].