sec.30Moratorium notices

### sec.30 Moratorium notices The Minister may publish a notice under this section, for a part of the State, (a moratorium notice ) if the Minister is satisfied action should be taken in the part— to protect existing water entitlements and other authorities under this Act to take or interfere with water; or to protect natural ecosystems. For part of the State to which the moratorium notice applies, the notice may state the following— that an application for or about a water entitlement will not be accepted; that the construction of works, or changing existing works, for taking or interfering with water, is limited in the way stated or is prohibited. For subsection (2) (b) , the notice may also state, while the moratorium notice has effect— new works must not be physically started; and completed works in existence must not be raised, enlarged, deepened or changed; and works that have been started— may be completed only to the extent stated in the notice; and must be completed by the day stated in the notice; and a person who is completing works that have been started must give the chief executive notice about the works by the day stated in the notice; and construction of works must stop if notice has not been given under paragraph (d) . However, the moratorium notice may only apply to an application or construction of works to the extent the application or construction would have 1 or more of the following effects stated in the notice— increase the amount of water that may be taken; change the location from which water may be taken; increase the rate at which water may be taken; change the flow conditions under which water may be taken; increase or change the interference with the water; change the purpose for which the water may be taken or interfered with. Subsection (4) applies even if the application was made before the moratorium notice was published. A moratorium notice may state matters to which the notice does not apply. For this section, works are not started unless— construction of the works has physically started or, if construction has not physically started, a contract has been entered into to start construction, and construction is started, within 60 days after the day the notice has effect; and an independently verifiable construction program exists for progressive construction towards completion of the works; and detailed design plans exist showing, among other things, the extent of the works; and if a development permit is required for the works or for other development associated with the works—the permit has been given. s 30 prev s 30 om 2003 No. 25 s 26 pres s 30 (prev s 45) amd 2003 No. 25 s 34 renum and reloc 2003 No. 25 s 35 amd 2013 No. 23 s 352 (1) sch 1 pt 2 sub 2014 No. 64 ss 67 (3) , 68 (sec.30-ssec.1) The Minister may publish a notice under this section, for a part of the State, (a moratorium notice ) if the Minister is satisfied action should be taken in the part— to protect existing water entitlements and other authorities under this Act to take or interfere with water; or to protect natural ecosystems. (sec.30-ssec.2) For part of the State to which the moratorium notice applies, the notice may state the following— that an application for or about a water entitlement will not be accepted; that the construction of works, or changing existing works, for taking or interfering with water, is limited in the way stated or is prohibited. (sec.30-ssec.3) For subsection (2) (b) , the notice may also state, while the moratorium notice has effect— new works must not be physically started; and completed works in existence must not be raised, enlarged, deepened or changed; and works that have been started— may be completed only to the extent stated in the notice; and must be completed by the day stated in the notice; and a person who is completing works that have been started must give the chief executive notice about the works by the day stated in the notice; and construction of works must stop if notice has not been given under paragraph (d) . (sec.30-ssec.4) However, the moratorium notice may only apply to an application or construction of works to the extent the application or construction would have 1 or more of the following effects stated in the notice— increase the amount of water that may be taken; change the location from which water may be taken; increase the rate at which water may be taken; change the flow conditions under which water may be taken; increase or change the interference with the water; change the purpose for which the water may be taken or interfered with. (sec.30-ssec.5) Subsection (4) applies even if the application was made before the moratorium notice was published. (sec.30-ssec.6) A moratorium notice may state matters to which the notice does not apply. (sec.30-ssec.7) For this section, works are not started unless— construction of the works has physically started or, if construction has not physically started, a contract has been entered into to start construction, and construction is started, within 60 days after the day the notice has effect; and an independently verifiable construction program exists for progressive construction towards completion of the works; and detailed design plans exist showing, among other things, the extent of the works; and if a development permit is required for the works or for other development associated with the works—the permit has been given. s 30 prev s 30 om 2003 No. 25 s 26 pres s 30 (prev s 45) amd 2003 No. 25 s 34 renum and reloc 2003 No. 25 s 35 amd 2013 No. 23 s 352 (1) sch 1 pt 2 sub 2014 No. 64 ss 67 (3) , 68 - (a) to protect existing water entitlements and other authorities under this Act to take or interfere with water; or - (b) to protect natural ecosystems. - (a) that an application for or about a water entitlement will not be accepted; - (b) that the construction of works, or changing existing works, for taking or interfering with water, is limited in the way stated or is prohibited. - (a) new works must not be physically started; and - (b) completed works in existence must not be raised, enlarged, deepened or changed; and - (c) works that have been started— (i) may be completed only to the extent stated in the notice; and (ii) must be completed by the day stated in the notice; and - (i) may be completed only to the extent stated in the notice; and - (ii) must be completed by the day stated in the notice; and - (d) a person who is completing works that have been started must give the chief executive notice about the works by the day stated in the notice; and - (e) construction of works must stop if notice has not been given under paragraph (d) . - (i) may be completed only to the extent stated in the notice; and - (ii) must be completed by the day stated in the notice; and - (a) increase the amount of water that may be taken; - (b) change the location from which water may be taken; - (c) increase the rate at which water may be taken; - (d) change the flow conditions under which water may be taken; - (e) increase or change the interference with the water; - (f) change the purpose for which the water may be taken or interfered with. - (a) construction of the works has physically started or, if construction has not physically started, a contract has been entered into to start construction, and construction is started, within 60 days after the day the notice has effect; and - (b) an independently verifiable construction program exists for progressive construction towards completion of the works; and - (c) detailed design plans exist showing, among other things, the extent of the works; and - (d) if a development permit is required for the works or for other development associated with the works—the permit has been given.