65Minister may exempt public authorities during drought

65 Minister may exempt public authorities during drought

65 Minister may exempt public authorities during drought

(1) For the Act, section 113B, a public authority may apply to the Minister for an exemption from section 91B(1) in relation to the construction or use of a water supply work, or both.

(2) The Minister may exempt a public authority, by written notice to the authority, if—

(a) the public authority has made an application for the exemption, and

(b) the Minister is satisfied that—

(i) conditions of drought exist, and

(ii) the exemption is in the public interest.

(3) An exemption remains in force for—

(a) the period specified in the exemption notice, or

(b) if no period is specified in the exemption notice—1 year after the day on which the exemption is granted.

(4) The exemption is subject to the condition that the public authority give written notice to the Minister, within the relevant period, of the following—

(a) the plans for the water supply work, including whether or not the authority intends to continue to use the work after the exemption expires,

(b) if the authority intends to stop using the water supply work on or before the expiry of the exemption—

(i) the date on which the authority will stop using the work, and

(ii) the authority’s plans for the work after the authority stops using the work,

Examples—

capping, decommissioning or removing the work

(c) if the authority intends to continue using the water supply work after the exemption expires—whether the authority intends to—

(i) apply to extend the period of the exemption, or

(ii) rely on another exemption, under the Act or this regulation, from the requirement to obtain an approval for the work, or

(iii) apply for a water supply work approval for the work.

(5) The exemption is also subject to the condition that the public authority must maintain the water supply work or otherwise decommission the work.