Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsin part 9, insert
63A Moratorium on granting licences etc
(1) The operation of the following provisions is suspended:
(a) section 28 (1) to (10) (Allocation of water);
(b) section 35 (1) to (4) (Licence to take water);
(c) section 44 (1) and (2) (Bore construction permit);
(d) section 47 (2), (3) and (6) (Unlicensed recharge).
(2) The operation of section 77 (3) (Review of decisions) is suspended in relation to decisions under the suspended provisions.
(3) Without limiting subsection (1)—
(a) an application cannot be made for an allocation, licence or permit mentioned in the suspended provisions; and
(b) a decision cannot be made to grant or refuse to grant an allocation, licence or permit mentioned in the suspended provisions.
(4) Subsections (1) and (2) have effect subject to section 63B (Exceptions to moratorium).
(5) However, subsection (1) does not affect the operation of any allocation, licence or permit (including the conditions to which it is subject) if—
(a) it was granted before the commencement of this section; or
(b) it is granted after the commencement of this section because of section 63B.
63B Exceptions to moratorium
(1) The operation of section 28 (1) to (10) is not suspended in relation to a grant of a water allocation to a person if—
(a) the grant is for an allocation of ground water under particular land; and
(b) the person holds or held a licence under section 35 to take ground water under the land; and
(c) the land is the subject of a further lease of territory land granted after the commencement of section 13.
(2) The operation of section 28 (1) to (10) is not suspended in relation to a grant of a water allocation to a water supply utility.
(3) The operation of section 28 (1) to (10) is not suspended in relation to a grant of a water allocation if the allocation is granted under a court or tribunal order made in a proceeding started before the commencement of this section.
(4) The operation of section 35 (1) to (4) is not suspended in relation to an application for a licence to take ground water under particular land (a "new licence") if—
(a) the applicant holds or held a licence under section 35 to take ground water under the land; and
(b) the land is the subject of a further lease of territory land granted after the commencement of section 13.
(5) The operation of section 35 (1) to (4) is not suspended in relation to an application for a licence to take ground water under particular land if—
(a) the applicant holds a licence under section 35 to take ground water under the land (the existing licence ); and
(b) the application is for a new licence to take a volume of ground water under the land that is not more than the volume of water stated in the existing licence; and
(c) the new licence would have effect after the end of the term of the existing licence.
(6) The operation of section 35 (1) to (4) is not suspended in relation to an application for a licence to take surface water from a particular place (a "new licence") if—
(a) the applicant holds a licence under section 35 to take surface water from the place (the existing licence ); and
(b) the application is for a new licence to take a volume of surface water from the place that is not more than the volume of water stated in the existing licence; and
(c) the new licence would have effect after the end of the term of the existing licence.
(7) The operation of section 35 (1) to (4) is not suspended in relation to an application by a water supply utility for a licence to take water.
(8) The operation of section 35 (1) to (4) is not suspended in relation to an application for a licence to take water if the licence is granted under a court or tribunal order made in a proceeding started before the commencement of this section.
(9) The operation of section 44 (1) and (2) is not suspended in relation to an application for a bore construction permit by an applicant who—
(a) holds a licence to take water from an existing bore; and
(b) is applying for a permit for works on that bore or construction of a replacement bore.
(10) The operation of section 44 (1) and (2) is not suspended in relation to an application for a bore construction permit if the permit is granted under a court or tribunal order made in a proceeding started before the commencement of this section.
(11) The operation of section 47 (2), (3) and (6) is not suspended in relation to an application for a recharge licence if the licence is granted under a court or tribunal order made in a proceeding started before the commencement of this section.
(12) A regulation may prescribe other exceptions for section 63A (1).
63C End of moratorium
Section 63A, section 63B and this section expire 2 years after the day they commence.