94Restrictions on taking of water

94 Restrictions on taking of water

(1)  Where a notice under section 92(1) reduces or restricts the quantity of water that may be taken by a person, the Minister must reduce or restrict that taking –

(a) in accordance with any relevant water management plan; and

(b) in the case of water being taken under a special licence, only after –

(i) consulting with the special licensee; and

(ii) taking into account any submissions made by the special licensee; and

(iii) first reducing the taking of water by persons having rights of lesser surety than that of the special licence.

(2)  [Section 94 Subsection (2) amended by No. 56 of 2008, s. 44, Applied:11 Feb 2009] Except as may be otherwise provided by a relevant water management plan, the Minister must, in reducing or restricting the taking of water –

(a) give first preference to –

(i) [Section 94 Subsection (2) amended by No. 56 of 2008, s. 44, Applied:11 Feb 2009] rights under Part 5 for the taking of water for domestic purposes, public health purposes, consumption by livestock or firefighting; and

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

(iii) [Section 94 Subsection (2) amended by No. 56 of 2008, s. 44, Applied:11 Feb 2009] the rights mentioned in clause 12(4)(a) of Schedule 4 ; and

(iv) [Section 94 Subsection (2) amended by No. 56 of 2008, s. 44, Applied:11 Feb 2009] other allocations, where the surety attaching to those allocations in accordance with is of the highest class; and