33Definitions

33 Definitions

qualify includes suspend, reduce, increase and otherwise alter;

S. 33 def. of right to water amended by No. 24/2013 s. 6.

right to water means—

(a) any right to water conferred by any provision of Division 1 of Part 2 other than section 7(1) or 8(4)(c); and

(b) any environmental entitlement; and

(c) any bulk entitlement; and

(d) in relation to any non-declared water system, any licence issued under section 51(1) or any registration licence; and

(e) in relation to any declared water system, any water share issued in relation to the system.

S. 33AAA inserted by No. 99/2005 s. 14.

33AAA Temporary qualification of rights to water

(1) If the Minister declares under this section that a water shortage exists in an area or water system, he or she may temporarily qualify any rights to water whether or not they relate to the same area or water system.

(2) The Minister may declare that a water shortage exists in an area or water system if he or she is of the opinion that the volume or quality of water available in the area or system to satisfy any rights to water (whether or not they relate to that area or water system) is or will shortly be inadequate for any reason.

(3) Before making a qualification to rights to water under subsection (1) the Minister must notify the Minister responsible for administering the Agricultural and Veterinary Chemicals (Control of Use) Act 1992.

S. 33AAB inserted by No. 99/2005 s. 14.

33AAB Permanent qualification of rights to water

(1) Subject to subsection (2), following the endorsement of a review under section 22T(1)(c) or (d), the Minister may permanently qualify any rights to water having regard to—

(a) the review as endorsed by the Minister; and

(b) any relevant report of a panel under section 22S; and

S. 33AAB(1)(c) substituted by No. 23/2019 s. 23.

(c) any relevant—

(i) economic and environmental matters; and

(ii) Aboriginal cultural values and uses of waterways; and

(iii) social and recreational uses and values of waterways.

(2) A permanent qualification of rights to water under subsection (1) must not take effect in relation to an area or water system—

(a) within 15 years of the commencement of section 14 of the Water (Resource Management) Act 2005; or