sec.86Water rights

### sec.86 Water rights Notwithstanding the provisions of the Water Act — a holder of an authority to prospect or a lessee may, with the prior permission in writing of the Minister and subject to such terms and conditions as the Minister deems fit, which terms and conditions shall be set out in such permission, search for, obtain, store and use underground water (including artesian and subartesian water) within the limits of the land covered or demised by the authority or lease, for any of the purposes for which such authority or lease was granted and for any purpose incidental thereto; and the Minister shall before granting any such permission refer the application for permission to the Water Act regulator, who shall investigate the application and make thereon to the Minister a report, together with such recommendation as the Water Act regulator deems fit; and any permission granted by the Minister pursuant to paragraph (a) may authorise the holder of the authority to prospect or lessee to supply, by agreement between the parties (but subject to the obtaining by such holder or lessee of the prior approval of the Water Act regulator as to the quantities and usage of the water in question), to the owner or occupier of the land covered or demised by the authority or lease, or the owner or occupier of any land adjoining or in the vicinity of such land, any water obtained by such holder or lessee, pursuant to such permission, that is surplus to the requirements of such holder or lessee for the purposes aforementioned. However, a permission under subsection (1) is given on the condition that the authority to prospect holder or lessee complies with the underground water obligations applying to the holder or lessee. s 86 ins 1962 No. 30 s 19 amd 2000 No. 26 s 12 sch 1 ; 2000 No. 34 s 1145 sch 3 ; 2003 No. 19 s 3 sch ; 2004 No. 26 s 50 ; 2010 No. 53 s 77 ; 2013 No. 23 s 159 (sec.86-ssec.1) Notwithstanding the provisions of the Water Act — a holder of an authority to prospect or a lessee may, with the prior permission in writing of the Minister and subject to such terms and conditions as the Minister deems fit, which terms and conditions shall be set out in such permission, search for, obtain, store and use underground water (including artesian and subartesian water) within the limits of the land covered or demised by the authority or lease, for any of the purposes for which such authority or lease was granted and for any purpose incidental thereto; and the Minister shall before granting any such permission refer the application for permission to the Water Act regulator, who shall investigate the application and make thereon to the Minister a report, together with such recommendation as the Water Act regulator deems fit; and any permission granted by the Minister pursuant to paragraph (a) may authorise the holder of the authority to prospect or lessee to supply, by agreement between the parties (but subject to the obtaining by such holder or lessee of the prior approval of the Water Act regulator as to the quantities and usage of the water in question), to the owner or occupier of the land covered or demised by the authority or lease, or the owner or occupier of any land adjoining or in the vicinity of such land, any water obtained by such holder or lessee, pursuant to such permission, that is surplus to the requirements of such holder or lessee for the purposes aforementioned. (sec.86-ssec.2) However, a permission under subsection (1) is given on the condition that the authority to prospect holder or lessee complies with the underground water obligations applying to the holder or lessee. - (a) a holder of an authority to prospect or a lessee may, with the prior permission in writing of the Minister and subject to such terms and conditions as the Minister deems fit, which terms and conditions shall be set out in such permission, search for, obtain, store and use underground water (including artesian and subartesian water) within the limits of the land covered or demised by the authority or lease, for any of the purposes for which such authority or lease was granted and for any purpose incidental thereto; and - (b) the Minister shall before granting any such permission refer the application for permission to the Water Act regulator, who shall investigate the application and make thereon to the Minister a report, together with such recommendation as the Water Act regulator deems fit; and - (c) any permission granted by the Minister pursuant to paragraph (a) may authorise the holder of the authority to prospect or lessee to supply, by agreement between the parties (but subject to the obtaining by such holder or lessee of the prior approval of the Water Act regulator as to the quantities and usage of the water in question), to the owner or occupier of the land covered or demised by the authority or lease, or the owner or occupier of any land adjoining or in the vicinity of such land, any water obtained by such holder or lessee, pursuant to such permission, that is surplus to the requirements of such holder or lessee for the purposes aforementioned.