sec.40Chief executive may release unallocated water

### sec.40 Chief executive may release unallocated water The chief executive may release unallocated water if a volume is stated in a water plan or prescribed by regulation. The chief executive must release unallocated water under the process prescribed by regulation. An application can not be made for a water licence in relation to the release of unallocated water unless the application is part of a process prescribed under subsection (2) . See section 109 (1) (b) and (2) . However, if the unallocated water is neither of the following, subsection (2) does not apply to the extent the relevant water plan provides for an alternative process for the release of the unallocated water— unallocated water held as a general reserve under the water plan; unallocated water temporarily released under subdivision 3 from a strategic water infrastructure reserve. The chief executive may set a price for the unallocated water. s 40 amd 2003 No. 25 s 29 sub 2011 No. 40 s 13 ; 2014 No. 64 ss 67 (3) , 68 amd 2018 No. 24 s 240 ; 2019 No. 17 s 325 (sec.40-ssec.1) The chief executive may release unallocated water if a volume is stated in a water plan or prescribed by regulation. (sec.40-ssec.2) The chief executive must release unallocated water under the process prescribed by regulation. An application can not be made for a water licence in relation to the release of unallocated water unless the application is part of a process prescribed under subsection (2) . See section 109 (1) (b) and (2) . (sec.40-ssec.3) However, if the unallocated water is neither of the following, subsection (2) does not apply to the extent the relevant water plan provides for an alternative process for the release of the unallocated water— unallocated water held as a general reserve under the water plan; unallocated water temporarily released under subdivision 3 from a strategic water infrastructure reserve. (sec.40-ssec.4) The chief executive may set a price for the unallocated water. - (a) unallocated water held as a general reserve under the water plan; - (b) unallocated water temporarily released under subdivision 3 from a strategic water infrastructure reserve.