sec.1048AExisting licences, permits and approvals

### sec.1048A Existing licences, permits and approvals Subsection (2) applies to— each licence or permit granted under the repealed Act and in force immediately before the commencement of this section; and the part of each licence or permit granted under the repealed Act and that is not an interim water allocation under section 1114 and in force immediately before the commencement. On the commencement— if a licence mentioned in subsection (1)(a) was a licence for works under part 4 of the repealed Act—the licence is taken to be a water licence given under chapter 2, part 6, and its conditions that related to the works, are taken to be a development permit; and if a part of a licence mentioned in subsection (1)(b) was a licence for works under part 4 of the repealed Act—the part is taken to be a development permit; and if a permit mentioned in subsection (1) was a permit granted under section 56(1)(a) of the repealed Act—the permit is taken to be a water licence given under chapter 2, part 6, and its conditions that related to the works, are taken to be a development permit; and if a permit mentioned in subsection (1) was a permit granted under section 56(1)(b) of the repealed Act—the permit is taken to be a water permit given under chapter 2, part 6; and if a permit mentioned in subsection (1) was a permit granted under section 57 of the repealed Act to an owner of land abutting a watercourse, lake or spring, the permit ceases to exist; and if a permit mentioned in subsection (1) was a permit granted under section 57 of the repealed Act to an owner of land abutting a weir, barrage or dam— the permit is taken to be— to the extent it relates to water managed under an interim resource operations licence—an interim water allocation; and to the extent it relates to the taking of other water—a water licence given under chapter 2, part 6; and the permit’s conditions that related to works are taken to be a development permit; and if a permit mentioned in subsection (1) was a permit granted under section 58 of the repealed Act—the permit is taken to be an allocation notice given under chapter 2, part 9, and its conditions that related to removal of quarry material, are taken to be a development permit; and if a permit mentioned in subsection (1) was a permit granted under section 71 of the repealed Act—the permit is taken to be a permit given under chapter 2, part 8; and if a licence mentioned in subsection (1) was a driller’s licence—the licence is taken to be a water bore driller’s licence given under chapter 2, part 10. A licence or permit mentioned in subsection (2) and taken to be a licence, permit or allocation notice under this Act is a licence, permit or allocation notice— for a permit mentioned in subsection (2)(f)(i)(B)—for 2 years from commencement; and otherwise—for the period the licence or permit would have been in force if the repealed Act had not been repealed. A person granted an interim water allocation under subsection (2)(f) must, within 60 business days after the day the allocation is granted, enter into a supply contract for the allocation with the interim resource operations licence holder. If a person fails to comply with subsection (4), section 122A applies as if the interim water allocation were a water allocation. The chief executive may amend an interim resource operations licence without complying with the provisions of chapter 2, part 5, division 2 about amending the licence if the amendment is merely to allow for an interim water allocation mentioned in subsection (2)(f). Within 30 business days after the day the chief executive amends the licence, the chief executive must give the licence holder— an amended licence in the approved form; and an information notice. The amended licence takes effect from the day the chief executive gives the licence holder the information notice. Subsection (10) applies to an agreement— approved by regulation under section 101 of the repealed Act; and in force immediately before the commencement. The agreement is taken to be a water licence given under chapter 2, part 6, and its conditions that relate to works are taken to be a development permit. This section does not apply to a licence under the repealed Act in force immediately before the commencement, relating to a dam containing, or a proposed dam that after its construction will contain, hazardous waste. For 1 year after the commencement, sections 311 and 816 do not apply to a person carrying out drilling activities for a subartesian bore in an area that was not a declared subartesian area under the repealed Act immediately before the commencement. Despite the Planning Act, a development permit mentioned in subsection (2) lapses— if part of the existing licence or permit, or conditions of the existing licence or permit, required works to be installed by a stated date and the works have not been installed by the date—on the stated date; and otherwise, if the works to which the existing licence or permit relates have not been installed by the end of the period the existing licence or permit would have been in force if the repealed Act had not been repealed—at the end of the period. In subsection (13)— existing licence or permit means a licence or permit in force immediately before the commencement of this section. s 1048A ins 2001 No. 75 s 104 amd 2003 No. 25 s 140 ; 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 685 (sec.1048A-ssec.1) Subsection (2) applies to— each licence or permit granted under the repealed Act and in force immediately before the commencement of this section; and the part of each licence or permit granted under the repealed Act and that is not an interim water allocation under section 1114 and in force immediately before the commencement. (sec.1048A-ssec.2) On the commencement— if a licence mentioned in subsection (1)(a) was a licence for works under part 4 of the repealed Act—the licence is taken to be a water licence given under chapter 2, part 6, and its conditions that related to the works, are taken to be a development permit; and if a part of a licence mentioned in subsection (1)(b) was a licence for works under part 4 of the repealed Act—the part is taken to be a development permit; and if a permit mentioned in subsection (1) was a permit granted under section 56(1)(a) of the repealed Act—the permit is taken to be a water licence given under chapter 2, part 6, and its conditions that related to the works, are taken to be a development permit; and if a permit mentioned in subsection (1) was a permit granted under section 56(1)(b) of the repealed Act—the permit is taken to be a water permit given under chapter 2, part 6; and if a permit mentioned in subsection (1) was a permit granted under section 57 of the repealed Act to an owner of land abutting a watercourse, lake or spring, the permit ceases to exist; and if a permit mentioned in subsection (1) was a permit granted under section 57 of the repealed Act to an owner of land abutting a weir, barrage or dam— the permit is taken to be— to the extent it relates to water managed under an interim resource operations licence—an interim water allocation; and to the extent it relates to the taking of other water—a water licence given under chapter 2, part 6; and the permit’s conditions that related to works are taken to be a development permit; and if a permit mentioned in subsection (1) was a permit granted under section 58 of the repealed Act—the permit is taken to be an allocation notice given under chapter 2, part 9, and its conditions that related to removal of quarry material, are taken to be a development permit; and if a permit mentioned in subsection (1) was a permit granted under section 71 of the repealed Act—the permit is taken to be a permit given under chapter 2, part 8; and if a licence mentioned in subsection (1) was a driller’s licence—the licence is taken to be a water bore driller’s licence given under chapter 2, part 10. (sec.1048A-ssec.3) A licence or permit mentioned in subsection (2) and taken to be a licence, permit or allocation notice under this Act is a licence, permit or allocation notice— for a permit mentioned in subsection (2)(f)(i)(B)—for 2 years from commencement; and otherwise—for the period the licence or permit would have been in force if the repealed Act had not been repealed. (sec.1048A-ssec.4) A person granted an interim water allocation under subsection (2)(f) must, within 60 business days after the day the allocation is granted, enter into a supply contract for the allocation with the interim resource operations licence holder. (sec.1048A-ssec.5) If a person fails to comply with subsection (4), section 122A applies as if the interim water allocation were a water allocation. (sec.1048A-ssec.6) The chief executive may amend an interim resource operations licence without complying with the provisions of chapter 2, part 5, division 2 about amending the licence if the amendment is merely to allow for an interim water allocation mentioned in subsection (2)(f). (sec.1048A-ssec.7) Within 30 business days after the day the chief executive amends the licence, the chief executive must give the licence holder— an amended licence in the approved form; and an information notice. (sec.1048A-ssec.8) The amended licence takes effect from the day the chief executive gives the licence holder the information notice. (sec.1048A-ssec.9) Subsection (10) applies to an agreement— approved by regulation under section 101 of the repealed Act; and in force immediately before the commencement. (sec.1048A-ssec.10) The agreement is taken to be a water licence given under chapter 2, part 6, and its conditions that relate to works are taken to be a development permit. (sec.1048A-ssec.11) This section does not apply to a licence under the repealed Act in force immediately before the commencement, relating to a dam containing, or a proposed dam that after its construction will contain, hazardous waste. (sec.1048A-ssec.12) For 1 year after the commencement, sections 311 and 816 do not apply to a person carrying out drilling activities for a subartesian bore in an area that was not a declared subartesian area under the repealed Act immediately before the commencement. (sec.1048A-ssec.13) Despite the Planning Act, a development permit mentioned in subsection (2) lapses— if part of the existing licence or permit, or conditions of the existing licence or permit, required works to be installed by a stated date and the works have not been installed by the date—on the stated date; and otherwise, if the works to which the existing licence or permit relates have not been installed by the end of the period the existing licence or permit would have been in force if the repealed Act had not been repealed—at the end of the period. (sec.1048A-ssec.14) In subsection (13)— existing licence or permit means a licence or permit in force immediately before the commencement of this section. - (a) each licence or permit granted under the repealed Act and in force immediately before the commencement of this section; and - (b) the part of each licence or permit granted under the repealed Act and that is not an interim water allocation under section 1114 and in force immediately before the commencement. - (a) if a licence mentioned in subsection (1)(a) was a licence for works under part 4 of the repealed Act—the licence is taken to be a water licence given under chapter 2, part 6, and its conditions that related to the works, are taken to be a development permit; and - (b) if a part of a licence mentioned in subsection (1)(b) was a licence for works under part 4 of the repealed Act—the part is taken to be a development permit; and - (c) if a permit mentioned in subsection (1) was a permit granted under section 56(1)(a) of the repealed Act—the permit is taken to be a water licence given under chapter 2, part 6, and its conditions that related to the works, are taken to be a development permit; and - (d) if a permit mentioned in subsection (1) was a permit granted under section 56(1)(b) of the repealed Act—the permit is taken to be a water permit given under chapter 2, part 6; and - (e) if a permit mentioned in subsection (1) was a permit granted under section 57 of the repealed Act to an owner of land abutting a watercourse, lake or spring, the permit ceases to exist; and - (f) if a permit mentioned in subsection (1) was a permit granted under section 57 of the repealed Act to an owner of land abutting a weir, barrage or dam— (i) the permit is taken to be— (A) to the extent it relates to water managed under an interim resource operations licence—an interim water allocation; and (B) to the extent it relates to the taking of other water—a water licence given under chapter 2, part 6; and (ii) the permit’s conditions that related to works are taken to be a development permit; and - (i) the permit is taken to be— (A) to the extent it relates to water managed under an interim resource operations licence—an interim water allocation; and (B) to the extent it relates to the taking of other water—a water licence given under chapter 2, part 6; and - (A) to the extent it relates to water managed under an interim resource operations licence—an interim water allocation; and - (B) to the extent it relates to the taking of other water—a water licence given under chapter 2, part 6; and - (ii) the permit’s conditions that related to works are taken to be a development permit; and - (g) if a permit mentioned in subsection (1) was a permit granted under section 58 of the repealed Act—the permit is taken to be an allocation notice given under chapter 2, part 9, and its conditions that related to removal of quarry material, are taken to be a development permit; and - (h) if a permit mentioned in subsection (1) was a permit granted under section 71 of the repealed Act—the permit is taken to be a permit given under chapter 2, part 8; and - (i) if a licence mentioned in subsection (1) was a driller’s licence—the licence is taken to be a water bore driller’s licence given under chapter 2, part 10. - (i) the permit is taken to be— (A) to the extent it relates to water managed under an interim resource operations licence—an interim water allocation; and (B) to the extent it relates to the taking of other water—a water licence given under chapter 2, part 6; and - (A) to the extent it relates to water managed under an interim resource operations licence—an interim water allocation; and - (B) to the extent it relates to the taking of other water—a water licence given under chapter 2, part 6; and - (ii) the permit’s conditions that related to works are taken to be a development permit; and - (A) to the extent it relates to water managed under an interim resource operations licence—an interim water allocation; and - (B) to the extent it relates to the taking of other water—a water licence given under chapter 2, part 6; and - (a) for a permit mentioned in subsection (2)(f)(i)(B)—for 2 years from commencement; and - (b) otherwise—for the period the licence or permit would have been in force if the repealed Act had not been repealed. - (a) an amended licence in the approved form; and - (b) an information notice. - (a) approved by regulation under section 101 of the repealed Act; and - (b) in force immediately before the commencement. - (a) if part of the existing licence or permit, or conditions of the existing licence or permit, required works to be installed by a stated date and the works have not been installed by the date—on the stated date; and - (b) otherwise, if the works to which the existing licence or permit relates have not been installed by the end of the period the existing licence or permit would have been in force if the repealed Act had not been repealed—at the end of the period.