sec.45Particular applications made by local governments

sec.45 Particular applications made by local governments

This section applies in relation to an application made by a local government under section 107 of the Act for a water licence to interfere with the flow of water to which this plan applies. The chief executive may accept the application if— the purpose of the proposed interference is to impound water to enable the taking of water under a water allocation held by the local government to supply town water; and either— the local government has made a relevant change application to the chief executive; or the chief executive has approved a relevant change application made by the local government and has given a certificate, for the dealing to which the application relates, to the local government under section 159 (4) of the Act . If the chief executive grants the application mentioned in subsection (1) , the water licence must include the conditions stated in the water management protocol for the licence. In this section— relevant change application means an application, under section 159 (1) of the Act , to change the water allocation mentioned in subsection (2) (a) — to prevent an increase, due to the proposed interference mentioned in subsection (1) , of the average volume of surface water or underground water that may be taken under this plan; and to remove a condition stating a flow threshold for taking water; and to ensure the water allocation is subject to a condition stating that only water impounded by the proposed interference may be taken. (sec.45-ssec.1) This section applies in relation to an application made by a local government under section 107 of the Act for a water licence to interfere with the flow of water to which this plan applies. (sec.45-ssec.2) The chief executive may accept the application if— the purpose of the proposed interference is to impound water to enable the taking of water under a water allocation held by the local government to supply town water; and either— the local government has made a relevant change application to the chief executive; or the chief executive has approved a relevant change application made by the local government and has given a certificate, for the dealing to which the application relates, to the local government under section 159 (4) of the Act . (sec.45-ssec.3) If the chief executive grants the application mentioned in subsection (1) , the water licence must include the conditions stated in the water management protocol for the licence. (sec.45-ssec.4) In this section— relevant change application means an application, under section 159 (1) of the Act , to change the water allocation mentioned in subsection (2) (a) — to prevent an increase, due to the proposed interference mentioned in subsection (1) , of the average volume of surface water or underground water that may be taken under this plan; and to remove a condition stating a flow threshold for taking water; and to ensure the water allocation is subject to a condition stating that only water impounded by the proposed interference may be taken.