42Energy operator to have certain rights to water

42. Energy operator to have certain rights to water

(1) Subject to this Act, and in particular to subsection (2), an energy operator may use waters to which the Water Agencies (Powers) Act 1984 or a relevant Act within the meaning of that Act applies, and subject to those Acts may erect, construct, build and maintain such dams, storages, sluiceways and other works and make such diversions as the energy operator may consider necessary for the effectual control and use of those waters by the energy operator.

(2) The rights and powers of an energy operator under subsection (1) shall be exercised by the energy operator in such manner and to such extent as will cause the least interference with —

(a) the powers, authorities and functions of a licensee as defined in the Water Services Act 2012 section 3(1), the Minister administering the Water Agencies (Powers) Act 1984 and any statutory authority within the meaning of that Act; and

(b) the rights, benefits and privileges of other persons under the Acts referred to in subsection (1).

[Section 42 amended: No. 24 of 1986 s. 20; No. 89 of 1994 s. 13, 39 and 41; No. 73 of 1995 s. 188; No. 58 of 1999 s. 83(1) and (3); No. 38 of 2007 s. 193; No. 25 of 2012 s. 210.]