Page 2939 - Week 09 - Thursday, 18 August 2005

Schedules of amendments

Amendments moved by the Minister for the Environment

Clause 5

Page 3, line 8—

omit clause 5, substitute

5 New sections 63A to 63C

in 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);

(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)—

(e) an application cannot be made for an allocation, licence or permit mentioned in the suspended provisions; and

(f) 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—

(g) it was granted before the commencement of this section; or

(h) 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