Form 90 - Licence to construct surfacewater works for a licensable purpose

Apply for a new licence to construct, replace, alter and/or decommission surface water works or apply to amend, renew or transfer an existing licence to construct or alter surface water works.

What can this application be used for?

This application can be used to:

  • apply for a new licence to construct, replace, alter and/or decommission surface water works
  • apply to amend, renew or transfer an existing licence to construct or alter surface water works

to take and use unregulated surface water for a licensable purpose.

Surface water works are pumps and gravity diversion works.

Unregulated surface water is water from a catchment that does not contain a storage managed by a water authority to provide releases in order to meet the water needs of downstream customers.

Licensable purposes include extracting water for irrigation or for supplying a dairy shed, feedlot, piggeries or poultry farm, recreational or sporting fields or in conjunction with the operation of a commercial business or premises including mining, aquaculture, water bottling, the provision of guest accommodation and watering commercial grounds or gardens.

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Application process

  • Submit the application, receive all signatures then pay the application fee.
  • After you lodge your application GMW will notify you in writing that it has been received.
  • The timeframe to complete an assessment may vary depending on the nature of your application:

Technical Assessment

In most cases a technical assessment will be conducted by a GMW to determine if extraction of water may have any potential impacts on other water users in your area or the environment. If a technical assessment is required, this may delay the decision on our application. If delays are expected you will be notified by GMW.

Irrigation Development Guidelines Assessment

The application may be referred for an Irrigation Development Guidelines Assessment where:

  • it is a proposal to irrigate land that has never been irrigation before;
  • the works are being constructed to deliver water to the land specified in a new licence application; and/or
  • existing works are being modified, for water to be delivered to the land specified in a licence application that meet one of the following criteria:
    • Application to increase the annual use limit on the land in the current licence, or;
    • Application to increase the area allowed to be irrigated in the current licence.

Further information is required

If GMW requires further information, a letter will be sent advising of the missing information and/or incorrect information that requires correction. If the applicant(s) do not provide missing information or correct information within two calendar months (from the date of lodgment) the application will lapse and if applicants wish to re-apply a new application must be lodged with another application fee.

  • When the decision has been made in relation to your application you will be notified in writing of the outcome, either that the application has been approved or refused. 

Approved

If the application is approved, GMW will send a letter to the applicant advising that the application has been approved. A copy of the Works Licence record will be provided (stating the Works Licence number and all conditions for the licence). If a licence is issued to construct or alter any works and the licence is subject to any condition relating to the future maintenance or operation of the works, a person who operates the works without complying with that condition is guilty of an offence. 

When the works are completed, you must issue a notice of outcome to GMW.

When this report is received, GMW will forward to you an application for a Licence to Take and Use Water and Operate Works and you must submit the application and pay the application fee.

GMW will assess the application and if approved, a Licence to Take and Use Water and Operate the Works will be issued authorising extraction and use of an annual volume of water from the works for the licensed purpose.

Refused

If an application is refused, GMW will send a letter stating the reasons for the refusal. After refusal, if the applicant(s) wish to re-apply, a new application must be lodged with another application fee. Application fees are not refundable if an application is refused.

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Application types

Apply to construct surface water works

Licence to construct works for new, alter and decommission section 67 Water Act 1989 (Vic).

Under the provisions of the Water Act 1989, any person who constructs works must obtain a licence prior to commencing.

Prior to lodging an application for a Licence to Construct Works, GMW recommends that you fully investigate the potential for accessing entitlement and confirm trading rules in your area.

Apply to alter surface water works

Licence to construct works for new, alter and decommission section 67 Water Act 1989 (Vic).

Apply to decommission surface water works

Licence to construct works for new, alter and decommission section 67 Water Act 1989 (Vic).

Under the provisions of the Water Act 1989 (Vic), any work/s, including the decommissioning must not be carried out until a Licence to Decommission Works has been issued.

Licensing this activity ensures that works are carried out correctly and will not pose any ongoing risks to the public safety or the environment. It also ensures that accurate records are kept in relation to the status of works across GMW’s region.

An application will need to be completed but there is no application fee a Licence to Decommission Works.

Apply to amend an existing licence

Amendment to a Licence to Construct or Licence to Alter Works section 73 Water Act 1989 (Vic).

Apply to renew an existing licence

Renewal of a Licence to Construct or Licence to Alter Works section 72 Water Act 1989 (Vic).

If the work has not been completed by the expiry date, the licence may be renewed once only.

If works have not been carried out within the licence renewal period, an application for a new licence will be required.

Apply to transfer an existing licence

Transfer of a Licence to Construct or Licence to Alter Works section 74 Water Act 1989 (Vic).

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Fees and payment

Application fees cover the full cost of undertaking a licence assessment in accordance with GMW’s legal obligations under the Water Act 1989. This includes administering the application, undertaking a full site inspection, reviewing any submissions made in relation to your application and if required, referring the application for an Irrigation Development Guidelines assessment. 

Application fees are not refundable if an application is refused.

There is no application fee a Licence to Decommission Works.

If your licence is approved your new licence will be recorded in the Victorian Water Register and you will receive a copy of the licence document.

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Frequently asked questions

What if I can’t get the work completed within the 12 month period of the licence?

If the work has not been completed by the expiry date, the licence may be renewed once only. If works have not been carried out within the licence renewal period, an application for a new licence will be required.

Do I have to advertise my application or notify my neighbors?

After you lodge your application, GMW will notify you in writing if you are required to advertise and/or notify your neighbours. GMW will send out the proforma for advertising and notification to neighbours, this will include a reference number which relates to your application. If the volume sought in the application is 20 ML or greater you will be required to advertise and notify neighbours, if the volume is 19ML or less, only notification of neighbours will apply.

Do I need to notify GMW when the works are completed?

Yes, you should forward the ‘Notice of Outcome’ provided with your licence document to GMW as soon as works are complete.

When I apply for a Licence, how do I calculate the volume I need?

To determine the proposed volume a number of factors may need to be considered. These include the area of land to be irrigation, method of irrigation and crop type. How much your work/s will yield and the type of pump installed should also be considered.

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Assistance with this application

Please read all information provided. If you need further assistance, contact the Licensing Unit between 8.00am and 4.45pm Monday to Friday on  1800 013 357 (free call from most fixed line phones) or email  licensingadmin@gmwater.com.au

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