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Legislative Assembly for the ACT: 2005 Week 09 Hansard (Thursday, 18 August 2005 2005) . . Page.. 2939 ..


Schedules of amendments

Schedule 1

Water Resources Amendment Bill 2005

Amendments moved by the Minister for the Environment

1

Clause 5

Page 3, line 8—

omit clause 5, substitute

5New sections 63A to 63C

in part 9, insert

63AMoratorium on granting licences etc

The operation of the following provisions is suspended:

section 28 (1) to (10) (Allocation of water);

section 35 (1) to (4) (Licence to take water);

section 44 (1) and (2) (Bore construction permit);

section 47 (2), (3) and (6) (Unlicensed recharge).

The operation of section 77 (3) (Review of decisions) is suspended in relation to decisions under the suspended provisions.

Without limiting subsection (1)—

an application cannot be made for an allocation, licence or permit mentioned in the suspended provisions; and

a decision cannot be made to grant or refuse to grant an allocation, licence or permit mentioned in the suspended provisions.

Subsections (1) and (2) have effect subject to section 63B (Exceptions to moratorium).

However, subsection (1) does not affect the operation of any allocation, licence or permit (including the conditions to which it is subject) if—

it was granted before the commencement of this section; or

it is granted after the commencement of this section because of section 63B.

63BExceptions to moratorium

The operation of section 28 (1) to (10) is not suspended in relation to a grant of a water allocation to a person if—

the grant is for an allocation of ground water under particular land; and


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