37Application by water entity or landowners

37 Application by water entity or landowners

(1)  [Section 37 Subsection (1) amended by No. 12 of 2004, s. 18, Applied:09 Jun 2004] Where a water management plan has been adopted under section 28 or an interim water management plan is in force, a water entity or a group of landowners may apply to the Minister for an order that the water entity or a proposed water entity is to be responsible for the administration of the whole or a part of the plan.

(2)  [Section 37 Subsection (2) amended by No. 12 of 2004, s. 18, Applied:09 Jun 2004] [Section 37 Subsection (2) substituted by No. 56 of 2008, s. 22, Applied:11 Feb 2009] The application –

(a) must be in accordance with section 12A ; and

(b) is to be made jointly by persons who hold the majority of licences granted to take water from the water resource or water resources to which the plan relates; and

(c) must recite an agreement by those persons to create a water entity; and

(d) must include particulars of –

(i) the water entity or proposed water entity; and

(ii) the functions for which the water entity would be responsible; and

(iii) the proposed arrangements for funding the water entity’s administration.

(3)  [Section 37 Subsection (3) omitted by No. 56 of 2008, s. 22, Applied:11 Feb 2009] .  .  .  .  .  .  .  .  

(4)  [Section 37 Subsection (4) amended by No. 56 of 2008, s. 22, Applied:11 Feb 2009] The Minister must give notice of the application –

(a) in the Gazette and at least once in a local newspaper; and

(b) to all licensees who may take water from the water resource or water resources to which the relevant water management plan relates.