sec.1048Existing applications

### sec.1048 Existing applications Subsection (2) applies to an application for or about a licence or permit, made under the repealed Act but not decided before the commencement of this section. On the commencement— an application under section 42 of the repealed Act for a licence to take or use water, is taken to be an application under section 206 for a licence to take or interfere with the flow of water; and publication of a notice under section 42(6) of the repealed Act is taken to be publication of a notice under section 208; and an objection under section 42(9) of the repealed Act is taken to be a properly made submission under section 211(3); and an application under section 44(2) of the repealed Act to amend, modify, vary, revoke or add a term to which a licence is subject— to the extent the application relates to the taking of water—is taken to be an application under section 219 to make a minor amendment to a licence; and to the extent the application relates to works for the taking of water and conditions that relate to the works— if the chief executive would be the assessment manager for the construction of the works—is taken to be an application in relation to a development permit to which chapter 8, part 2 applies; and if the chief executive is not the assessment manager—lapses; and an application under section 45 of the repealed Act to amend a licence— to the extent the application relates to the taking of water—is taken to be an application under section 216 to amend a licence; and to the extent the application relates to works for the taking of water and conditions that relate to the works— if the chief executive would be the assessment manager for the construction of the works—is taken to be an application in relation to a development permit to which chapter 8, part 2 applies; and if the chief executive is not the assessment manager—lapses; and a show cause notice given under section 50 of the repealed Act is taken to be— if the notice is about taking or interfering with the flow of water—a show cause notice under section 218(3); and if the notice is about modifying or removing works—a show cause notice under section 968(2); and an application under section 46 of the repealed Act to renew a licence is taken to be an application under section 220; and an application under section 46 of the repealed Act to renew an expired licence, made within 4 months after the day the licence expired, is taken to be an application under section 221 to reinstate a licence, made within 30 business days after the licence expired; and for section 221, a licence that expires within 4 months before the day section 221 commences is taken to have expired on the day after section 221 commences; and an application under section 47 of the repealed Act to transfer a licence is taken to be an application under section 222; and an application under section 71 of the repealed Act to destroy vegetation, excavate or place fill in a watercourse, lake or spring is taken to be an application under section 266; and an application under section 58 of the repealed Act to take, get, remove or otherwise interfere with quarry material, lapses; and an application under section 42 of the repealed Act for a driller’s licence is taken to be an application under section 299; and an application under section 42 of the repealed Act to construct works— if the chief executive would be the assessment manager for construction of the works—is taken to be an application for a development permit to which chapter 8, part 2 applies; and if the chief executive is not the assessment manager—lapses; and an application under section 57 of the repealed Act, to construct or use works to take water, lapses; and an application not mentioned in paragraphs (a) to (o) may be taken to be an application for or about a licence or permit under an equivalent provision of this Act. If part of an application mentioned in subsection (1) is about a referable dam, the part lapses. This section does not apply to an application for a licence made under the repealed Act but not decided before the commencement, relating to a dam containing, or a proposed dam that after its construction will contain, hazardous waste. In subsection (3)— referable dam has the meaning given by the Water Resources Act 1989 , section 2, but does not include a dam containing, or a proposed dam that after its construction will contain, hazardous waste. s 1048 sub 2001 No. 75 s 104 (sec.1048-ssec.1) Subsection (2) applies to an application for or about a licence or permit, made under the repealed Act but not decided before the commencement of this section. (sec.1048-ssec.2) On the commencement— an application under section 42 of the repealed Act for a licence to take or use water, is taken to be an application under section 206 for a licence to take or interfere with the flow of water; and publication of a notice under section 42(6) of the repealed Act is taken to be publication of a notice under section 208; and an objection under section 42(9) of the repealed Act is taken to be a properly made submission under section 211(3); and an application under section 44(2) of the repealed Act to amend, modify, vary, revoke or add a term to which a licence is subject— to the extent the application relates to the taking of water—is taken to be an application under section 219 to make a minor amendment to a licence; and to the extent the application relates to works for the taking of water and conditions that relate to the works— if the chief executive would be the assessment manager for the construction of the works—is taken to be an application in relation to a development permit to which chapter 8, part 2 applies; and if the chief executive is not the assessment manager—lapses; and an application under section 45 of the repealed Act to amend a licence— to the extent the application relates to the taking of water—is taken to be an application under section 216 to amend a licence; and to the extent the application relates to works for the taking of water and conditions that relate to the works— if the chief executive would be the assessment manager for the construction of the works—is taken to be an application in relation to a development permit to which chapter 8, part 2 applies; and if the chief executive is not the assessment manager—lapses; and a show cause notice given under section 50 of the repealed Act is taken to be— if the notice is about taking or interfering with the flow of water—a show cause notice under section 218(3); and if the notice is about modifying or removing works—a show cause notice under section 968(2); and an application under section 46 of the repealed Act to renew a licence is taken to be an application under section 220; and an application under section 46 of the repealed Act to renew an expired licence, made within 4 months after the day the licence expired, is taken to be an application under section 221 to reinstate a licence, made within 30 business days after the licence expired; and for section 221, a licence that expires within 4 months before the day section 221 commences is taken to have expired on the day after section 221 commences; and an application under section 47 of the repealed Act to transfer a licence is taken to be an application under section 222; and an application under section 71 of the repealed Act to destroy vegetation, excavate or place fill in a watercourse, lake or spring is taken to be an application under section 266; and an application under section 58 of the repealed Act to take, get, remove or otherwise interfere with quarry material, lapses; and an application under section 42 of the repealed Act for a driller’s licence is taken to be an application under section 299; and an application under section 42 of the repealed Act to construct works— if the chief executive would be the assessment manager for construction of the works—is taken to be an application for a development permit to which chapter 8, part 2 applies; and if the chief executive is not the assessment manager—lapses; and an application under section 57 of the repealed Act, to construct or use works to take water, lapses; and an application not mentioned in paragraphs (a) to (o) may be taken to be an application for or about a licence or permit under an equivalent provision of this Act. (sec.1048-ssec.3) If part of an application mentioned in subsection (1) is about a referable dam, the part lapses. (sec.1048-ssec.4) This section does not apply to an application for a licence made under the repealed Act but not decided before the commencement, relating to a dam containing, or a proposed dam that after its construction will contain, hazardous waste. (sec.1048-ssec.5) In subsection (3)— referable dam has the meaning given by the Water Resources Act 1989 , section 2, but does not include a dam containing, or a proposed dam that after its construction will contain, hazardous waste. - (a) an application under section 42 of the repealed Act for a licence to take or use water, is taken to be an application under section 206 for a licence to take or interfere with the flow of water; and - (b) publication of a notice under section 42(6) of the repealed Act is taken to be publication of a notice under section 208; and - (c) an objection under section 42(9) of the repealed Act is taken to be a properly made submission under section 211(3); and - (d) an application under section 44(2) of the repealed Act to amend, modify, vary, revoke or add a term to which a licence is subject— (i) to the extent the application relates to the taking of water—is taken to be an application under section 219 to make a minor amendment to a licence; and (ii) to the extent the application relates to works for the taking of water and conditions that relate to the works— (A) if the chief executive would be the assessment manager for the construction of the works—is taken to be an application in relation to a development permit to which chapter 8, part 2 applies; and (B) if the chief executive is not the assessment manager—lapses; and - (i) to the extent the application relates to the taking of water—is taken to be an application under section 219 to make a minor amendment to a licence; and - (ii) to the extent the application relates to works for the taking of water and conditions that relate to the works— (A) if the chief executive would be the assessment manager for the construction of the works—is taken to be an application in relation to a development permit to which chapter 8, part 2 applies; and (B) if the chief executive is not the assessment manager—lapses; and - (A) if the chief executive would be the assessment manager for the construction of the works—is taken to be an application in relation to a development permit to which chapter 8, part 2 applies; and - (B) if the chief executive is not the assessment manager—lapses; and - (e) an application under section 45 of the repealed Act to amend a licence— (i) to the extent the application relates to the taking of water—is taken to be an application under section 216 to amend a licence; and (ii) to the extent the application relates to works for the taking of water and conditions that relate to the works— (A) if the chief executive would be the assessment manager for the construction of the works—is taken to be an application in relation to a development permit to which chapter 8, part 2 applies; and (B) if the chief executive is not the assessment manager—lapses; and - (i) to the extent the application relates to the taking of water—is taken to be an application under section 216 to amend a licence; and - (ii) to the extent the application relates to works for the taking of water and conditions that relate to the works— (A) if the chief executive would be the assessment manager for the construction of the works—is taken to be an application in relation to a development permit to which chapter 8, part 2 applies; and (B) if the chief executive is not the assessment manager—lapses; and - (A) if the chief executive would be the assessment manager for the construction of the works—is taken to be an application in relation to a development permit to which chapter 8, part 2 applies; and - (B) if the chief executive is not the assessment manager—lapses; and - (f) a show cause notice given under section 50 of the repealed Act is taken to be— (i) if the notice is about taking or interfering with the flow of water—a show cause notice under section 218(3); and (ii) if the notice is about modifying or removing works—a show cause notice under section 968(2); and - (i) if the notice is about taking or interfering with the flow of water—a show cause notice under section 218(3); and - (ii) if the notice is about modifying or removing works—a show cause notice under section 968(2); and - (g) an application under section 46 of the repealed Act to renew a licence is taken to be an application under section 220; and - (h) an application under section 46 of the repealed Act to renew an expired licence, made within 4 months after the day the licence expired, is taken to be an application under section 221 to reinstate a licence, made within 30 business days after the licence expired; and - (i) for section 221, a licence that expires within 4 months before the day section 221 commences is taken to have expired on the day after section 221 commences; and - (j) an application under section 47 of the repealed Act to transfer a licence is taken to be an application under section 222; and - (k) an application under section 71 of the repealed Act to destroy vegetation, excavate or place fill in a watercourse, lake or spring is taken to be an application under section 266; and - (l) an application under section 58 of the repealed Act to take, get, remove or otherwise interfere with quarry material, lapses; and - (m) an application under section 42 of the repealed Act for a driller’s licence is taken to be an application under section 299; and - (n) an application under section 42 of the repealed Act to construct works— (i) if the chief executive would be the assessment manager for construction of the works—is taken to be an application for a development permit to which chapter 8, part 2 applies; and (ii) if the chief executive is not the assessment manager—lapses; and - (i) if the chief executive would be the assessment manager for construction of the works—is taken to be an application for a development permit to which chapter 8, part 2 applies; and - (ii) if the chief executive is not the assessment manager—lapses; and - (o) an application under section 57 of the repealed Act, to construct or use works to take water, lapses; and - (p) an application not mentioned in paragraphs (a) to (o) may be taken to be an application for or about a licence or permit under an equivalent provision of this Act. - (i) to the extent the application relates to the taking of water—is taken to be an application under section 219 to make a minor amendment to a licence; and - (ii) to the extent the application relates to works for the taking of water and conditions that relate to the works— (A) if the chief executive would be the assessment manager for the construction of the works—is taken to be an application in relation to a development permit to which chapter 8, part 2 applies; and (B) if the chief executive is not the assessment manager—lapses; and - (A) if the chief executive would be the assessment manager for the construction of the works—is taken to be an application in relation to a development permit to which chapter 8, part 2 applies; and - (B) if the chief executive is not the assessment manager—lapses; and - (A) if the chief executive would be the assessment manager for the construction of the works—is taken to be an application in relation to a development permit to which chapter 8, part 2 applies; and - (B) if the chief executive is not the assessment manager—lapses; and - (i) to the extent the application relates to the taking of water—is taken to be an application under section 216 to amend a licence; and - (ii) to the extent the application relates to works for the taking of water and conditions that relate to the works— (A) if the chief executive would be the assessment manager for the construction of the works—is taken to be an application in relation to a development permit to which chapter 8, part 2 applies; and (B) if the chief executive is not the assessment manager—lapses; and - (A) if the chief executive would be the assessment manager for the construction of the works—is taken to be an application in relation to a development permit to which chapter 8, part 2 applies; and - (B) if the chief executive is not the assessment manager—lapses; and - (A) if the chief executive would be the assessment manager for the construction of the works—is taken to be an application in relation to a development permit to which chapter 8, part 2 applies; and - (B) if the chief executive is not the assessment manager—lapses; and - (i) if the notice is about taking or interfering with the flow of water—a show cause notice under section 218(3); and - (ii) if the notice is about modifying or removing works—a show cause notice under section 968(2); and - (i) if the chief executive would be the assessment manager for construction of the works—is taken to be an application for a development permit to which chapter 8, part 2 applies; and - (ii) if the chief executive is not the assessment manager—lapses; and