Assessing an application

The assessment process begins after the department validates an application.

Under the Rights in Water and Irrigation Act 1914, the department ensures the proposed take and use of water are:

in the public interest
ecologically sustainable
environmentally acceptable
not prejudicial to other current and future needs for water
unlikely to have a detrimental effect on another person
unable to be provided for by another source
in keeping with:
- local practices
- relevant by-laws
- plan approved under Part III Division 3D Subdivision 2
- relevant previous decisions of the Minister
consistent with
- land use planning instruments
- requirements and policies of other government agencies
- intergovernmental agreements or arrangements.

These matters are assessed in accordance with Schedule 1, Division 2, clause 7(2) of the Act.

Obligations under other legislation such as the Duties Act 2008 and the Commonwealth's Native Title Act 1993 also are taken into account. Discharging our obligations under the Native Titles Act, where applicable, adds at least 30 days to the assessment time frame.

Complex applications

More complex applications or applications for a large volume of water may require further information or action. Applicants may be requested to:

advertise the application publicly
undertake a hydrogeological assessment
develop an operating strategy
develop a monitoring program.

The department will request this further information within a certain time frame.

Advertising

Advertising is required in the following circumstances:

Applications for a new groundwater licence for an annual entitlement of 100 000 kL or more
Applications to amend a groundwater licence where the additional volume requested is more than 100 000 kL per year or where the new total volume exceeds 100 000 kL
Where required under a water resource management plan
Where the department believes the resource will be significantly impacted
Where a dewatering licence is required and the net loss of water to the aquifer is greater than 100 000 kL.

Any submissions received are taken into account during the assessment process. These may include submissions from security interests or Native Title claimants, if applicable.

Conditions

Licences are subject to terms, conditions and restrictions. See the appendix to Schedule 1 of the Rights In Water and Irrigation Act 1914.

Application refusal

Under the Act, an applicant may be refused a licence if:

matters in the 7(2) assessment warrant refusal
the applicant has been convicted of an offence against the Act
the department is not satisfied that the applicant has the resources, including the financial resources, to carry out the activities to which the licence relates
the department considers the applicant would not be willing or able to comply with the terms, conditions and restrictions that would be included in the licence.

Further information

For further information, please contact any of our Regional offices or licence.enquiry@water.wa.gov.au