44Waterway work licence—decision on application

44 Waterway work licence—decision on application (1) On application by a person for a waterway work licence, the authority (2) The authority must not issue a waterway work licence unless satisfied it is appropriate to do so having regard to— (a) whether issuing the licence would or may— (i) adversely affect the environmental flows for a particular waterway or aquifer that are required under the environmental flow guidelines; or (ii) adversely affect the environment in any other way; or (iii) adversely affect the interests of other water users; and (b) whether the work would be in the interests of the public; and Recharge licences Division 5.5 (c) for work that involves the construction or alteration of a water structure— (i) whether the structure is designed to allow water to pass over, under or through it; and (ii) the need for the structure and whether another more appropriate approach is available; and (d) anything else the authority considers relevant. 45 Waterway work licence—conditions (1) A waterway work licence is subject to any condition— 46 Planning Act 2023 not affected This division does not affect the operation of the Planning Act 2023. 47 Recharge licence—requirement A person must not construct, operate or alter works for the purpose of increasing the quantity of ground water if the person does not have a recharge licence for the work.