21Effect of plan on prior rights

21 Effect of plan on prior rights

(1)  In preparing a draft water management plan, the Secretary must ensure that any user of water with a prior right to take water from a water resource to which the plan relates continues to enjoy that right unless it is abrogated as provided by subsection (2) .

(2)  Where –

(a) [Section 21 Subsection (2) amended by No. 12 of 2004, s. 10, Applied:09 Jun 2004] the total allocations of water available to the holders of prior rights to take water from a water resource to which the plan relates prevent the achievement of the water regime that best gives effect to the environmental objectives referred to in section 14(2)(a) ; or

(b) the total allocations of water available to the holders of those rights or the conditions of use attached to those rights may not enable the relevant water resource to be managed consistently with the objectives of this Act –

the draft water management plan may provide for the abrogation of any such prior right but only to the extent necessary to ensure that requirements can be met as to –

(c) [Section 21 Subsection (2) amended by No. 12 of 2004, s. 10, Applied:09 Jun 2004] providing the water regime that best gives effect to the environmental objectives referred to in section 14(2)(a) ; and

(d) management of the resource consistently with the objectives of this Act.

(3)  Where a draft water management plan abrogates rights under this section, the Secretary must in accordance with section 24 give notice of the plan to persons holding those rights.