54Minister to defer application in certain circumstances

54 Minister to defer application in certain circumstances

S. 54(1)(a) amended by No. 5/2002 s. 24(1)(a).

(a) a notice is published under section 27(4)(a)(i); and

S. 54(1)(b) substituted by No. 5/2002 s. 24(1)(b).

(b) a relevant application is subsequently made under—

S. 54(1)(b)(i) amended by No. 32/2010 s. 77(Sch.).

(i) section 51 in respect of an area that is the subject of the proposed declaration; or

S. 54(1)(b)(ii) amended by No. 32/2010 s. 77(Sch.).

(ii) section 62 for approval of the permanent transfer of a licence issued under section 51 into or within that area—

the Minister must defer consideration of the application until either—

(c) an Order is made under section 27(1); or

S. 54(1)(d) amended by No. 5/2002 s. 24(1)(c).

(d) a notice is published under section 27(10).

S. 54(2) inserted by No. 5/2002 s. 24(2).

(a) an Order is made under section 27(1); and

(b) no management plan for the area has been approved under section 32A(6)—

the Minister must defer consideration of a relevant application—

S. 54(2)(c) amended by No. 32/2010 s. 77(Sch.).

(c) under section 51 in respect of the area; or

S. 54(2)(d) amended by No. 32/2010 s. 77(Sch.).

(d) under section 62 for approval of the permanent transfer of a licence issued under section 51 into or within the area—

until notice of the approval or refusal of a draft management plan has been published under section 32A(7).

S. 54(3) inserted by No. 5/2002 s. 24(2).

(3) This section does not apply to—

(a) an application for a registration licence; or

(b) an application for a licence under section 51(1)(a) or (ba) on the surrender of a registration licence; or

(c) an application under section 62 for approval of the transfer of a licence issued under section 51 if the application arises as a result of the transfer or conveyance of land on which the water is taken or used under the licence.

S. 54(4) inserted by No. 5/2002 s. 24(2).

(4) For the purposes of this section, a relevant application in relation to an area proposed to be declared or declared as a water supply protection area—

(a) for the protection of the groundwater resources, is an application relating to groundwater; and

(b) for the protection of the surface water resources, is an application relating to surface water; and

(c) for the protection of both groundwater resources and surface water resources, is an application relating to either groundwater or surface water—