Water Regulation 2016
sec.36Deciding application
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sec.36 Deciding application
After considering the matters mentioned in section 35 , the chief executive may— refuse the application; or approve the application with or without conditions. Subsection (3) applies if approving the application would be inconsistent with the matters the chief executive must consider under section 35 (1) (b) . The chief executive must refuse the application and give notice of the decision, including the reasons for the decision, within 30 business days after deciding the application. Subsection (5) applies if the chief executive makes a decision consistent with the matters the chief executive must consider under section 35 (1) (b) and if no other decision could have been made. The chief executive must give notice of the decision, including the reasons for the decision, within 30 business days after deciding the application. Subsection (7) applies if— water sharing rules mentioned in schedule 5 apply to the relocation of the licence that is the subject of the application; or the chief executive makes a decision consistent with the water plan or water management protocol and a different decision consistent with the plan or protocol could have been made. The chief executive must give the applicant an information notice about the decision within 30 business days after deciding the application. s 36 amd 2019 SL No. 204 s 17 (sec.36-ssec.1) After considering the matters mentioned in section 35 , the chief executive may— refuse the application; or approve the application with or without conditions. (sec.36-ssec.2) Subsection (3) applies if approving the application would be inconsistent with the matters the chief executive must consider under section 35 (1) (b) . (sec.36-ssec.3) The chief executive must refuse the application and give notice of the decision, including the reasons for the decision, within 30 business days after deciding the application. (sec.36-ssec.4) Subsection (5) applies if the chief executive makes a decision consistent with the matters the chief executive must consider under section 35 (1) (b) and if no other decision could have been made. (sec.36-ssec.5) The chief executive must give notice of the decision, including the reasons for the decision, within 30 business days after deciding the application. (sec.36-ssec.6) Subsection (7) applies if— water sharing rules mentioned in schedule 5 apply to the relocation of the licence that is the subject of the application; or the chief executive makes a decision consistent with the water plan or water management protocol and a different decision consistent with the plan or protocol could have been made. (sec.36-ssec.7) The chief executive must give the applicant an information notice about the decision within 30 business days after deciding the application.
- (a) refuse the application; or
- (b) approve the application with or without conditions.