Queensland Consolidated Acts

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WATER ACT 2000 - SECT 184

184 Amending interim resource operations licences on notice

(1) The chief executive may amend an interim resource operations licence if the chief executive is satisfied the licence should be amended.

(2) Subsection (3) applies if the amendment does not—

(a) increase the volume, rate or times when water may be taken under the licence; or
(b) increase the interference with the flow of the water; or
(c) change the location from which water may be taken, or interfered with, under the licence; or
(d) cause a significant adverse effect on—
(i) the availability of water for the requirements of natural ecosystems; or
(ii) the quality of water; or
(iii) availability of water for existing water entitlement holders; or
(iv) beneficial flooding.

(3) Before the chief executive acts under subsection (1), the chief executive must give the licence holder a show cause notice about the proposed amendment.

(3A) If the proposed amendment would have 1 or more of the effects mentioned in subsection (2), the chief executive—

(a) must give the licence holder notice of the proposed amendment; and
(b) must publish notice of the proposed amendment in the area to which the licence relates; and
(b) may give a copy of the notice to any other entity the chief executive considers appropriate.

(3B) A notice under subsection (3A) must include at least the following—

(a) a summary of the proposed amendment to the licence;
(b) where copies of the proposed amendment are available;
(c) that written submissions may be made by any entity about the proposed amendment;
(d) the day by which submissions must be made and the person to whom, and the place where, the submissions must be made.

(3C) The day stated under subsection (3B)(d) must not be earlier than 30 business days after the day the notice is published.

(4) In deciding whether to amend the licence, the chief executive must consider any properly made submission about the proposed amendment.

(5) If the chief executive is satisfied the proposed amendment should be made, the chief executive must give—

(a) the licence holder an amended licence in the approved form; and
(b) the licence holder and any person who made a properly made submission an information notice about the decision to amend the licence.

(6) If the chief executive is not satisfied the amendment should be made, the chief executive must give the holder and any person who made a properly made submission notice that the licence will not be amended.

(7) The amended licence takes effect from the day the information notice is given to the holder.



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