sec.1256Water resource plans taken to be water plans

### sec.1256 Water resource plans taken to be water plans A water resource plan in force immediately before the commencement continues in force under the amended Act as a water plan from the commencement. However, subsection (1) does not apply to a water resource plan if at the commencement— the Minister has published a notice about a draft water resource plan, including an amending or replacement plan, for public consultation; or the chief executive has published a notice about a draft resource operations plan to implement the water resource plan, including a notice about an amending or replacement plan, for public consultation; or there is a deferred aspect for the resource operations plan that implements the water resource plan. For a water resource plan mentioned in subsection (2)— the plan continues in force and must be dealt with under the unamended Act as if the unamended Act had not been amended; and the plan becomes a water plan under the amended Act— if the Minister has published a notice about a draft water resource plan, including an amending or replacement plan, for public consultation and subparagraph (iii) does not apply—on approval by the Governor in Council of the final draft of the water resource plan; or if the chief executive has published a notice about a draft resource operations plan to implement the water resource plan, including a notice about an amending or replacement plan, for public consultation and subparagraph (iii) does not apply—on approval by the Governor in Council of the final draft of the resource operations plan; or if the circumstances mentioned in subparagraphs (i) and (ii) both apply—on approval by the Governor in Council of both the final draft of the water resource plan and the final draft of the resource operations plan; if there is a deferred aspect for the resource operations plan that implements the water resource plan— on approval by the Governor in Council of an amendment to the resource operations plan about the deferred aspect; or on the publication of a notice by the chief executive advising that the chief executive has decided not to amend the resource operations plan to include provisions about the deferred aspect. For subsection (3)(b), if all or any of the provisions of the final draft of the water resource plan or the resource operations plan provide for their commencement on a particular day, the provisions are taken to commence in the water plan on the particular day. s 1256 ins 2014 No. 64 s 201 (amd 2016 No. 60 s 18 (3) – (6) ) (sec.1256-ssec.1) A water resource plan in force immediately before the commencement continues in force under the amended Act as a water plan from the commencement. (sec.1256-ssec.2) However, subsection (1) does not apply to a water resource plan if at the commencement— the Minister has published a notice about a draft water resource plan, including an amending or replacement plan, for public consultation; or the chief executive has published a notice about a draft resource operations plan to implement the water resource plan, including a notice about an amending or replacement plan, for public consultation; or there is a deferred aspect for the resource operations plan that implements the water resource plan. (sec.1256-ssec.3) For a water resource plan mentioned in subsection (2)— the plan continues in force and must be dealt with under the unamended Act as if the unamended Act had not been amended; and the plan becomes a water plan under the amended Act— if the Minister has published a notice about a draft water resource plan, including an amending or replacement plan, for public consultation and subparagraph (iii) does not apply—on approval by the Governor in Council of the final draft of the water resource plan; or if the chief executive has published a notice about a draft resource operations plan to implement the water resource plan, including a notice about an amending or replacement plan, for public consultation and subparagraph (iii) does not apply—on approval by the Governor in Council of the final draft of the resource operations plan; or if the circumstances mentioned in subparagraphs (i) and (ii) both apply—on approval by the Governor in Council of both the final draft of the water resource plan and the final draft of the resource operations plan; if there is a deferred aspect for the resource operations plan that implements the water resource plan— on approval by the Governor in Council of an amendment to the resource operations plan about the deferred aspect; or on the publication of a notice by the chief executive advising that the chief executive has decided not to amend the resource operations plan to include provisions about the deferred aspect. (sec.1256-ssec.4) For subsection (3)(b), if all or any of the provisions of the final draft of the water resource plan or the resource operations plan provide for their commencement on a particular day, the provisions are taken to commence in the water plan on the particular day. - (a) the Minister has published a notice about a draft water resource plan, including an amending or replacement plan, for public consultation; or - (b) the chief executive has published a notice about a draft resource operations plan to implement the water resource plan, including a notice about an amending or replacement plan, for public consultation; or - (c) there is a deferred aspect for the resource operations plan that implements the water resource plan. - (a) the plan continues in force and must be dealt with under the unamended Act as if the unamended Act had not been amended; and - (b) the plan becomes a water plan under the amended Act— (i) if the Minister has published a notice about a draft water resource plan, including an amending or replacement plan, for public consultation and subparagraph (iii) does not apply—on approval by the Governor in Council of the final draft of the water resource plan; or (ii) if the chief executive has published a notice about a draft resource operations plan to implement the water resource plan, including a notice about an amending or replacement plan, for public consultation and subparagraph (iii) does not apply—on approval by the Governor in Council of the final draft of the resource operations plan; or (iii) if the circumstances mentioned in subparagraphs (i) and (ii) both apply—on approval by the Governor in Council of both the final draft of the water resource plan and the final draft of the resource operations plan; (iv) if there is a deferred aspect for the resource operations plan that implements the water resource plan— (A) on approval by the Governor in Council of an amendment to the resource operations plan about the deferred aspect; or (B) on the publication of a notice by the chief executive advising that the chief executive has decided not to amend the resource operations plan to include provisions about the deferred aspect. - (i) if the Minister has published a notice about a draft water resource plan, including an amending or replacement plan, for public consultation and subparagraph (iii) does not apply—on approval by the Governor in Council of the final draft of the water resource plan; or - (ii) if the chief executive has published a notice about a draft resource operations plan to implement the water resource plan, including a notice about an amending or replacement plan, for public consultation and subparagraph (iii) does not apply—on approval by the Governor in Council of the final draft of the resource operations plan; or - (iii) if the circumstances mentioned in subparagraphs (i) and (ii) both apply—on approval by the Governor in Council of both the final draft of the water resource plan and the final draft of the resource operations plan; - (iv) if there is a deferred aspect for the resource operations plan that implements the water resource plan— (A) on approval by the Governor in Council of an amendment to the resource operations plan about the deferred aspect; or (B) on the publication of a notice by the chief executive advising that the chief executive has decided not to amend the resource operations plan to include provisions about the deferred aspect. - (A) on approval by the Governor in Council of an amendment to the resource operations plan about the deferred aspect; or - (B) on the publication of a notice by the chief executive advising that the chief executive has decided not to amend the resource operations plan to include provisions about the deferred aspect. - (i) if the Minister has published a notice about a draft water resource plan, including an amending or replacement plan, for public consultation and subparagraph (iii) does not apply—on approval by the Governor in Council of the final draft of the water resource plan; or - (ii) if the chief executive has published a notice about a draft resource operations plan to implement the water resource plan, including a notice about an amending or replacement plan, for public consultation and subparagraph (iii) does not apply—on approval by the Governor in Council of the final draft of the resource operations plan; or - (iii) if the circumstances mentioned in subparagraphs (i) and (ii) both apply—on approval by the Governor in Council of both the final draft of the water resource plan and the final draft of the resource operations plan; - (iv) if there is a deferred aspect for the resource operations plan that implements the water resource plan— (A) on approval by the Governor in Council of an amendment to the resource operations plan about the deferred aspect; or (B) on the publication of a notice by the chief executive advising that the chief executive has decided not to amend the resource operations plan to include provisions about the deferred aspect. - (A) on approval by the Governor in Council of an amendment to the resource operations plan about the deferred aspect; or - (B) on the publication of a notice by the chief executive advising that the chief executive has decided not to amend the resource operations plan to include provisions about the deferred aspect. - (A) on approval by the Governor in Council of an amendment to the resource operations plan about the deferred aspect; or - (B) on the publication of a notice by the chief executive advising that the chief executive has decided not to amend the resource operations plan to include provisions about the deferred aspect.