34Eligibility for replacement floodplain harvesting access licences

34 Eligibility for replacement floodplain harvesting access licences

34 Eligibility for replacement floodplain harvesting access licences

(1) The Minister must determine that a floodplain landholder is eligible for a replacement floodplain harvesting access licence if the Minister is satisfied that, on 3 July 2008, a water supply work capable of floodplain harvesting—

(a) was fully constructed on the floodplain landholder’s land and a relevant approval was in force that specified—

(i) the work, or

(ii) a related or connected work, or

(b) was fully constructed on the floodplain landholder’s land without a relevant approval and an approval under the 1912 Act, Part 8 was not required to construct the work, or

(c) was fully or partially constructed, or proposed to be constructed, on the floodplain landholder’s land and an application for a relevant approval that specified the work was made but not determined.

(2) In determining whether or not a floodplain landholder is eligible, the Minister must consider relevant information given by the floodplain landholder in relation to the water supply work.

(3) However, the Minister may determine that a floodplain landholder is not eligible if—

(a) the floodplain landholder is, by written notice, given 28 days in which to make submissions about the proposed determination, and

(b) the Minister has considered the submissions, if any, received from the floodplain landholder within the 28 days.

(4) If the Minister determines that a floodplain landholder is eligible for a replacement floodplain harvesting access licence, the Minister must determine the share component of the licence in accordance with Subdivision 2.

(5) In this section—

related or connected work means a work related or connected to the water supply work specified in the relevant approval that is—

(a) constructed on the land specified in the approval, and

(b) located within the footprint of the work specified in the approval.

relevant approval means—

(a) an approval under the Act, Chapter 3, Part 3, or