sec.986AApplication of div 3

### sec.986A Application of div 3 This division applies if— a water access entitlement is regulated under an interim water plan or any of the following water plans— a designated plan; a replacement of a designated plan; if a regulation prescribes that this subsection applies to a particular area, or a particular part of an area—one whose plan area includes the area or part (a prescribed area plan ); a replacement of a water resource plan mentioned in subparagraph (iii) (also a prescribed area plan ); and a relevant reduction results in a change to the water access entitlement or the water that may be taken under the entitlement; and the change reduces the entitlement’s value. However, this division does not apply if— the change increases the total amount of water available under the water plan resulting in additional water access entitlements being granted; or the change is required to give effect to a court decision; or the plan is a water plan and the change is to restore water to the environment because of a natural decrease in water availability within the plan area for the plan, including, for example, because of a decrease resulting from climate change, drought or bush fires; or the relevant reduction is less than 3% and for the environmental update purpose. s 986A ins 2011 No. 31 s 393 amd 2014 No. 64 s 254 sch 1 (sec.986A-ssec.1) This division applies if— a water access entitlement is regulated under an interim water plan or any of the following water plans— a designated plan; a replacement of a designated plan; if a regulation prescribes that this subsection applies to a particular area, or a particular part of an area—one whose plan area includes the area or part (a prescribed area plan ); a replacement of a water resource plan mentioned in subparagraph (iii) (also a prescribed area plan ); and a relevant reduction results in a change to the water access entitlement or the water that may be taken under the entitlement; and the change reduces the entitlement’s value. (sec.986A-ssec.2) However, this division does not apply if— the change increases the total amount of water available under the water plan resulting in additional water access entitlements being granted; or the change is required to give effect to a court decision; or the plan is a water plan and the change is to restore water to the environment because of a natural decrease in water availability within the plan area for the plan, including, for example, because of a decrease resulting from climate change, drought or bush fires; or the relevant reduction is less than 3% and for the environmental update purpose. - (a) a water access entitlement is regulated under an interim water plan or any of the following water plans— (i) a designated plan; (ii) a replacement of a designated plan; (iii) if a regulation prescribes that this subsection applies to a particular area, or a particular part of an area—one whose plan area includes the area or part (a prescribed area plan ); (iv) a replacement of a water resource plan mentioned in subparagraph (iii) (also a prescribed area plan ); and - (i) a designated plan; - (ii) a replacement of a designated plan; - (iii) if a regulation prescribes that this subsection applies to a particular area, or a particular part of an area—one whose plan area includes the area or part (a prescribed area plan ); - (iv) a replacement of a water resource plan mentioned in subparagraph (iii) (also a prescribed area plan ); and - (b) a relevant reduction results in a change to the water access entitlement or the water that may be taken under the entitlement; and - (c) the change reduces the entitlement’s value. - (i) a designated plan; - (ii) a replacement of a designated plan; - (iii) if a regulation prescribes that this subsection applies to a particular area, or a particular part of an area—one whose plan area includes the area or part (a prescribed area plan ); - (iv) a replacement of a water resource plan mentioned in subparagraph (iii) (also a prescribed area plan ); and - (a) the change increases the total amount of water available under the water plan resulting in additional water access entitlements being granted; or - (b) the change is required to give effect to a court decision; or - (c) the plan is a water plan and the change is to restore water to the environment because of a natural decrease in water availability within the plan area for the plan, including, for example, because of a decrease resulting from climate change, drought or bush fires; or - (d) the relevant reduction is less than 3% and for the environmental update purpose.