Water Management Act 2000
59Available water determinations
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59 Available water determinations
59 Available water determinations
(1) From time to time, the Minister may, by order in writing, make either or both of the following determinations (an available water determination)—
(a) a determination as to the availability of water for one or more categories or subcategories of access licences in relation to one or more specified water management areas or water sources,
(b) while an order is in force under section 49A (1) or 49B (1), a determination as to the availability of water for one or more individual access licences in relation to one or more specified water management areas or water sources.
(1A) An available water determination that is made in relation to a particular category of access licence applies to all subcategories of that category except to the extent to which it otherwise provides.
(2) The regulations may make provision for or with respect to the manner in which an available water determination is to be notified.
(3) If the extraction component of an access licence authorises the taking of water from a water source specified in the share component of the licence and from another water source not so specified and those water sources are vertically abutting (either wholly or partly) water sources, the available water determinations that apply to the licence are those made in relation to the water source specified in the share component of the licence.
(4) If the Minister consents to the amendment of an access licence to enable water to be taken by a nominated water supply work located in some other water management area or water source than that to which the licence relates, the available water determinations applicable to water taken by means of the work are those made in relation to the relevant category or subcategory of access licence in relation to that other water management area or water source.
s 59: Am 2002 No 138, Sch 2 [5]; 2004 No 39, Sch 5 [1] [2]; 2005 No 118, Sch 1 [14]; 2008 No 73, Schs 4 [2], 6 [4] [5]; 2009 No 56, Sch 1.44 [1]; 2018 No 31, Sch 1 [16].