90Temporary water allocations

90 Temporary water allocations

[Section 90 Substituted by No. 56 of 2008, s. 43, Applied:11 Feb 2009]

(1)  An authorised officer may, subject to this section –

(a) permit a person to take water from a water resource for a limited period; or

(b) permit a class of persons to take water from a water resource in a particular way.

(2)  The permission may be granted unconditionally or on such conditions as the authorised officer thinks fit having regard to the objectives of this Act.

(3)  However, the permission may only be granted if the authorised officer is satisfied that the taking of the water would –

(a) be consistent with any relevant water management plan; and

(b) not adversely affect the taking of water by other persons with a right to take water from the water resource; and

(c) not cause material environmental harm or serious environmental harm.

(4)  Also, in the case of water from a water resource within a hydro-electric district, the permission may only be granted with the agreement of the relevant electricity entity, which agreement –

(a) may be given subject to reasonable conditions; but

(b) is not to be unreasonably withheld.

(5)  If subsection (4)(a) applies, the electricity entity's conditions are to be made conditions of the permission.

(6)  The permission is to be granted –

(a) for subsection (1)(a) , by individual notice in writing; and

(b) for subsection (1)(b) , by general notice published in a local newspaper or such other means as the authorised officer thinks fit.

(7)  The Minister may give an authorised officer directions as to the exercise of powers under this section and the authorised officer must comply with those directions.