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Section 82

Application for water licence

of Minerals Ordinance, 2004

State OrdinanceIn forceProvision 82 of 166
Section 82

—

(1)

An application for a water licence shall be made by the holder of a mineral tenement to the State Water Authority in the prescribed form.

(2)

Upon receipt of an application under subsection (1) and after consultation with the Authority and such other relevant authorities it deems necessary, the State Water Authority may approve or refuse the application and its decision shall be final.

(3)

The State Water Authority shall notify—

(a)

the applicant;

(b)

the Authority; and

(c)

the Director, in writing of its decision under subsection (2).

(4)

A water licence which shall be in Form F of the Schedule shall, subject to this Ordinance and to the terms and conditions specified in the licence, confer upon the holder thereof the rights—

(a)

to divert, extract, draw, store, make use of and discharge water existing on or directly adjacent to the land covered by the mineral tenement;

(b)

to divert, extract, draw, store, make use of and discharge water from or across State land, alienated land, occupied land and reserved land for the purposes of the mineral tenement as provided in this Part; and

(c)

to use water to generate power for use on the land covered by the mineral tenement.

(5)

If the application for a water licence is approved, the holder thereof shall transmit a certified true copy thereof to the

Authority.

(6)

The term of a water licence shall not exceed the expiry date of the mineral tenement for which the water is to be used.