200Compensation for loss of certain water rights

200 Compensation for loss of certain water rights

200 Compensation for loss of certain water rights

(1) This section applies to any holder of a licence under Part 2 where, as a result of a water management authority’s failure to comply with a direction under section 192 (2), water that would otherwise be available to the licensee becomes unavailable.

(2) A person to whom this section applies may recover from the water management authority the amount of any loss or damage suffered by the person as a result of the water management authority’s failure to comply with the enforcement order.

(3) An action under this section may be commenced at any time within 3 years after the date on which the failure to comply with the enforcement order occurred and may not be commenced after that period.

ss 197–200: Ins 1997 No 128, Sch 1 [21].