111Surety of special licences

111 Surety of special licences

(1)  A special licence confers a paramount surety against all persons except for –

(a) rights under Part 5 for the taking of water for domestic purposes, consumption by livestock or firefighting; and

(b) rights of licensees for the taking of water for domestic purposes or for the consumption by livestock where the licence is endorsed with a condition that section 94(2)(a)(ii) applies to the licence; and

(c) [Section 111 Subsection (1) amended by No. 56 of 2008, s. 52, Applied:11 Feb 2009] the rights mentioned in clause 12(4)(a) of Schedule 4 ; and

(d) the essential needs of ecosystems dependent on the relevant water resource; and

(e) the rights of licensees granted a replacement licence under clause 10 of Schedule 4 .

(2)  Where more than one special licence confers a right to take water from a particular water resource, the licences may contain conditions relating to the relative sureties of the water allocations of the licences.

(3)  For the purposes of sections 88(1) and 94(2) , the Minister must consult with the special licensees and take account of the relative sureties of the water allocations of the special licences.

(4)  Where –

(a) the relative sureties of the water allocations of the special licences are not specified in the licences; and

(b) the exercise of powers under section 88 or 94 may have an adverse effect on one or more of the special licensees –

the Minister must consult with the licensees and obtain the approval of the Advisory Committee before exercising any of those powers.