333Directions to protect water sources

#### 333 Directions to protect water sources 333 Directions to protect water sources > > (1) This section applies if the Minister is of the opinion that— > > > > > (a) the construction or use of a water management work, or > > > > > (b) a controlled activity or aquifer interference activity, > > > > is having, has had, or is likely to have, an adverse effect on a water source or waterfront land. > > > (2) The Minister may, by order in writing served on— > > > > > (a) the person having control or management of the water management work, or > > > > > (b) the person who has carried out, is carrying out or proposes to carry out the controlled activity or aquifer interference activity, > > > > direct the person to take specified measures to prevent, minimise or mitigate any adverse effect on the water source or waterfront land as a consequence of the construction or use of the work or the carrying out of the activity. > > > (3) Without limiting subsection (2), the measures that may be specified in a direction under this section include— > > > > > (a) a direction to repair any damage caused by the construction or use of the water management work or the carrying out of the controlled activity or aquifer interference activity, and > > > > > (b) a direction to rehabilitate any water source or waterfront land that has been adversely affected by the construction or use of the water management work or the carrying out of the controlled activity or aquifer interference activity, and > > > > > (c) a direction to ensure that the construction or use of the water management work, or the carrying out of the controlled activity or aquifer interference activity, will not in future adversely affect any water source or waterfront land. > > > (4) Without limiting subsection (2)— > > > > > (a) the person who, at the time of the construction or use of a water management work to which this section applies, was the landholder on whose land the work was situated is taken to have control and management of the work, and > > > > > (b) the landholder on whose land a water management work is situated, or is proposed to be situated, is taken to have control and management of the work, and > > > > > (c) the person who, at the time a controlled activity or aquifer interference activity to which this section applies, was the landholder on whose land the activity was carried out is taken to be carrying out the activity, and > > > > > (d) the landholder on whose land a controlled activity or aquifer interference activity is carried out, or is proposed to be carried out, is taken to be carrying out the activity. > > 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 333:** Subst 2008 No 73, Sch 2 \[2\]. Am 2009 No 56, Sch 1.44 \[16\]–\[18\]; 2017 No 64, sec 19.