Section 20
of Sabah Water Resources Enactment 1998
Section 20
(1)
The Director shall, upon the expiration of the time referred to in subsection (3) of section 19, as the case may require, and taking into account matters referred to in section 3—
(a)
refuse or approve the application; or
(b)
report to the Council in accordance with subsection (6).
(2)
The Director shall not, except with the approval of the Council, issue a licence for a water activity which, in the opinion of the Council, has or is likely to have—
(a)
State or regional significance for water resources;
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(b)
particular significance for water resources in a local area; or
(c)
significant interest to a public authority.
(3)
For the purpose of ascertaining whether the Council wishes to consider an application for a licence after the Director has carried out the action set out in section 19, the
Director shall refer sufficient particulars of all licence applications to the Council for its decision as to whether the water activity is of a type referred to in subsection (2).
(4)
When such particulars are referred to the Council, it may delegate the power to decide whether an application should be determined by the Council, to a committee composed of members of the Council or to a specified member of the Council.
(5)
The Council may issue directions regarding the types of water activity application which the Director is not required to refer for its decision.
(6)
Where the Council notifies the Director that it wishes to determine an application, the Director shall, when he has carried out the action set out in section 19—
(a)
report to the Council on the application and any objections received under section 19;
(b)
recommend to the Council whether, in the Director’s opinion, the application should be refused or granted and the conditions which should be applied if the application is to be granted; and
(c)
provide any further information or conduct any further investigations requested by the Council.
(7)
When the Council makes a decision regarding an application for a licence referred to it, the Council shall notify the Director, who shall give effect to the decision by issuing the licence with the inclusion of any conditions set by the Council, or by notifying the applicant of the refusal of the application.
(8)
The Director or the Council shall take into account the following when determining any condition to be applied to a licence—
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(a)
where the activity pre-exists this Enactment, the historical practice and benefits obtained from the water activity and associated works;
(b)
the impact of any major change imposed by the conditions of the licence on the viability of the pre-existing enterprise; and
(c)
any objection made in respect of the application.
Determination of licence.