39Bore work licence—decision on application

39 Bore work licence—decision on application (1) On application by a person for a bore work licence, the authority (2) The authority must not issue a bore work licence unless satisfied that— (a) either— (i) the bore work is for a monitoring bore; or (ii) the applicant holds a water access entitlement or surviving allocation for ground water to be taken from the bore; and (b) it is appropriate to issue the licence having regard to— (i) the proximity of any existing bores; and monitoring bore means a bore that— (a) enters an aquifer; and (b) is used to monitor the depth and fluctuations of depth in the aquifer.