sec.28Deciding applications for water licences to take water for stock purposes or domestic purposes

sec.28 Deciding applications for water licences to take water for stock purposes or domestic purposes

This section applies to the chief executive in making a decision about an application for a water licence to take surface water if— the proposed taking is for— stock purposes only; or domestic purposes only; or stock purposes and domestic purposes only; and the proposed location for the taking is not in a water allocation zone. The chief executive may grant the application if the chief executive is satisfied— the applicant does not hold a water entitlement allowing the taking of water from the proposed location; and there is no alternative water supply to the proposed location; and there is no unallocated water at the proposed location for which the applicant may apply for a water entitlement; and there is a registered plan of survey for the land containing the proposed location; and the plan of survey was registered before the final draft of the pre-amendment resource operations plan was approved under section 103 (5) of the pre-amendment Act. Subsection (2) does not limit the matters the chief executive may consider. In this section— pre-amendment Act means the Act as in force immediately before 6 December 2016. pre-amendment resource operations plan means the resource operations plan to implement the pre-amendment water resource plan as in force immediately before 6 December 2016. pre-amendment water resource plan means this plan as in force immediately before 6 December 2016. registered plan of survey means a plan of survey registered under the Land Title Act 1994 . s 28 prev s 28 om 2014 SL No. 142 s 41 pres s 28 ins 2017 SL No. 7 s 13 amd 2019 SL No. 120 s 21 (sec.28-ssec.1) This section applies to the chief executive in making a decision about an application for a water licence to take surface water if— the proposed taking is for— stock purposes only; or domestic purposes only; or stock purposes and domestic purposes only; and the proposed location for the taking is not in a water allocation zone. (sec.28-ssec.2) The chief executive may grant the application if the chief executive is satisfied— the applicant does not hold a water entitlement allowing the taking of water from the proposed location; and there is no alternative water supply to the proposed location; and there is no unallocated water at the proposed location for which the applicant may apply for a water entitlement; and there is a registered plan of survey for the land containing the proposed location; and the plan of survey was registered before the final draft of the pre-amendment resource operations plan was approved under section 103 (5) of the pre-amendment Act. (sec.28-ssec.3) Subsection (2) does not limit the matters the chief executive may consider. (sec.28-ssec.4) In this section— pre-amendment Act means the Act as in force immediately before 6 December 2016. pre-amendment resource operations plan means the resource operations plan to implement the pre-amendment water resource plan as in force immediately before 6 December 2016. pre-amendment water resource plan means this plan as in force immediately before 6 December 2016. registered plan of survey means a plan of survey registered under the Land Title Act 1994 .