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 (b) if such a permanent qualification has taken effect in relation to that area or water system within the preceding 15 years. S. 33AAC inserted by No. 99/2005 s. 14. 33AAC Procedures applying to qualifications (1) A qualification of rights to water under this Division must be done by— (a) giving notice of the qualification to the person affected; or (b) causing notice of it to be published in a newspaper generally circulating— (i) in the area to which the qualified rights to water relate; or (ii) in the area served by the water system to which the qualified rights to water relate. (2) A notice given or published under subsection (1) may specify the criteria according to which the Minister determined the qualification. (3) For the purposes of a qualification under section 33AAA, the Minister may, by Order published in the Government Gazette— (a) determine the class of any rights to water; and (b) assign a priority to each of those classes— and any qualification under that section of rights to water must be made in accordance with the priority of the class of right concerned. (4) Subject to subsection (3), any qualification under section 33AAA of rights to water must apply to all rights in the same proportion, unless the Minister is of the opinion that the circumstances are so extreme as to justify some other basis. S. 33AAD inserted by No. 32/2010 s. 6. 33AAD Conditions on certain qualifications (1) If a bulk entitlement has been qualified under this Division, the Minister may impose conditions or duties as to one or more of the following matters on the holder of the bulk entitlement— (a) monitoring the impacts of the qualification and advising the Minister of the outcomes of the monitoring; (b) requiring any program of works or actions to be carried out by the holder of the bulk entitlement for the purpose of mitigating any adverse effect or the risk of any adverse effect— (i) on the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; or (ii) on the holder of any other entitlement, licence or right under this Act; (c) requiring payments to be made to other Authorities for the purposes specified in the notice of qualification under section 33AAC, including conditions as to— (i) if any program of works is carried out by another Authority for a purpose specified in paragraph (b), payments that are to be made to reimburse the cost of the carrying out of the program; and (ii) the manner in which any payments are to be made; (d) operating arrangements that are required as a result of the qualification. (2) A condition or duty imposed on the holder of a bulk entitlement under subsection (1) must be set out in the notice of the qualification under section 33AAC. Pt 3 Div. 5 (Heading and ss 33A–33D) inserted by No. 5/2002 s. 11. Division 5—State observation bores S. 33A inserted by No. 5/2002 s. 11.