329Removal of unlawful water management works

#### 329 Removal of unlawful water management works 329 Removal of unlawful water management works > > (1) This section applies to a water management work for which no water management work approval is in force. > > > (2) The Minister may, by order in writing served on any person having control or management of the work, direct the person to take specified measures to demolish, remove, modify or dismantle the work or otherwise render it ineffective. > > > (3) Such a direction may be given even if the work is not being used or is not capable of being used. > > > (4) Such a direction may not be given in relation to a water supply work that is being used solely— > > > > > (a) to take water from a water source pursuant to a landholder’s domestic and stock rights, or > > > > > (b) to capture and store overland flow water pursuant to a landholder’s harvestable rights. > > > (5) Without limiting subsection (2), the landholder on whose land the work is situated is taken to have control and management of the work. > > Note. > > See also section 11 (1) (e) of the [Natural Resources Access Regulator Act 2017](/view/html/inforce/current/act-2017-064) and Schedule 2 to that Act. > > **s 329:** Subst 2008 No 73, Sch 2 \[2\]. Am 2009 No 56, Sch 1.44 \[10\] \[13\] \[14\]; 2009 No 106, Sch 1.20 \[3\]; 2014 No 48, Sch 1.1 \[2\]; 2017 No 64, sec 19.