Public comments on water extraction licence applications

The Controller of Water Resources is responsible for making decisions on water extraction licence applications in the Northern Territory (NT).

They must follow the decision-making process set out in the Water Act 1992 and Water Regulations 1992.

Public consultation allows the community and stakeholders to raise concerns with applicants, regulatory agencies and the controller.

It also means the controller can make an informed decision that considers all relevant factors.

Advertising

Under the Water Act 1992, applications for a new water extraction licence, or an increase to an existing licence, must be:

• publicly advertised in the newspaper
• available on the water licensing portal 

The portal hosts application documents, and a copy of the advertised notice is placed in the newspaper.

Not all information about an application is publicly available.

Some documents may be:

• kept confidential for legal reasons
• too big to upload on the portal.

Any application documents not published due to their size will be listed in an attachment. You can request a copy by emailing water.licensing@nt.gov.au.

Make a public comment

Before you begin, be aware that public comments are treated as public information.

Your name and postcode will be published on the water licensing portal.

Step 1. Write an effective comment

An effective comment:

• considers the assessment criteria
• refers to a relevant issue or key matter in the application
• provides clear, detailed and specific information.

Examples of submissions that aren't effective include:

• comments made through online social media channels
• online petitions
• spam email.

Assessment criteria

The controller considers the following criteria when assessing applications:

• availability of water in the area
• any water allocation plan that applies to the area
• existing or future domestic water demand
• any adverse effects likely to be created as a result of activities under the licence
• whether the applicant has access to any other water sources
• potential water quality impacts
• relevant provisions under the Planning Act 1999 around the development or use of the land
• any other factor the controller considers relevant.

Step 2. Provide supporting documents

If there is new information that the controller or applicant should consider, provide supporting documents. These could be:

• data
• scientific reports
• clearly labelled photographs or maps.

What gets considered

The controller must take into account all submitted comments.

The below will also be considered:

• comments that don't include information relating to the assessment criteria
• comments that are outside the scope of a water extraction licence decision.

However, they may not be relevant to the controller’s decision.

Step 3. Provide your name and contact details

When submitting a comment, you should provide your name and contact details to:

• allow the department to seek more information if needed
• increase the transparency and accountability of the public comment process.

You can submit comments anonymously, but this can limit the controller’s ability to verify or confirm information. This means your comment may not carry enough weight.

Confidential information

You can ask the controller not to publish certain parts of your comment, on the basis they are:

• confidential or commercially sensitive or
• personal and you don't consent to them being published, such as your name or other identifying information.

You must make this clear in your submission and include your reasons.

If this is valid, your request for confidentiality will be accepted.

You could also consider putting any confidential information in an appendix to the submission. This allows the body of the comment to be published and publicly referred to by the controller.

Step 4. Submit

You must submit your public comment in writing.

The quickest and preferred way is to submit by email to water.licensing@nt.gov.au.

You can also submit by mail or in person.

By mail

Water Resources
PO Box 496
Palmerston NT 0831

In person

To a Water Resources officer at your nearest office.

Submission deadlines

The public comment period starts the day after the notice is published in the newspaper. It will stay open for 20 business days.

You must submit your comment by midnight on the date specified in the advertised notice.

Comments sent by post must be stamped with a postmark dated before the end of the public comment period.

Comments postmarked or received after this period are considered on a case-by-case basis.

After you submit

• Comments received are forwarded to the applicant.
• The applicant has 10 business days to respond.
• Comments and responses are provided to the controller.

You can access a copy of any personal information you provide to the controller during the public submission process from the department.

Once a decision has been made, the decision documents are published with a licence (if approved), any technical reports and the public comments on the water licensing portal.

If you requested confidentiality

While the department aims to fulfil confidentiality requests where possible, there may be circumstances where personal information is disclosed.

For example, when providing natural justice to the applicant, or through other avenues such as freedom of information requests and subpoenas.

The controller may also decide not to publish comments in whole or in part if it:

• would breach privacy laws
• contains inflammatory, offensive or inappropriate content or
• is defamatory or may expose a person to legal action.

Contact

For questions about the submission process and requests to access information, email water.licensing@nt.gov.au or call 08 8999 4455.

For general questions or concerns about the use of and access to government information, contact the Information Commissioner on 1800 005 610 or go to the Information Commissioner website.