38Approval of application

38 Approval of application

(1)  Where, on an application under section 37 , the Minister is satisfied that approval of the application will assist in giving effect to the water management plan or in furthering the objectives of this Act, the Minister may, by order published in the Gazette, declare that the water entity or the proposed water entity is to be responsible for the administration of the whole or a part of the relevant water management plan.

(1A)  [Section 38 Subsection (1A) inserted by No. 56 of 2008, s. 23, Applied:11 Feb 2009] The order is not a statutory rule.

(2)  [Section 38 Subsection (2) amended by No. 12 of 2004, s. 19, Applied:09 Jun 2004] The declaration may be subject to conditions consistent with the plan or may be without conditions and, where the application is made by landowners, the declaration is to be conditional on the creation of the proposed water entity.

(3)  Approval of an application under section 37(1) that relates to a water resource in a hydro-electric district may be given only with the agreement of the relevant electricity entity and that agreement –

(a) may not be unreasonably withheld; and

(b) may be subject to reasonable conditions imposed by the electricity entity.

(4)  If the agreement is subject to any such conditions, the Minister must include those conditions in any declaration that he or she makes under this section.