sec.38Granting water licences for using existing works or reconfiguration of existing works

sec.38 Granting water licences for using existing works or reconfiguration of existing works

This section applies if— an owner of land has complied with section 37 to continue taking overland flow water using overland flow works; and the chief executive is satisfied there has been, or may be, an increase, in the average annual volume of overland flow water taken using the overland flow works, above the average annual volume that could have been taken under the operating arrangements in place immediately before the commencement of this plan. The chief executive may— under section 212 of the Act , grant a water licence to replace the authorisation under section 37 ; and impose a condition on the licence to ensure the average annual volume of overland flow water that may be taken using the overland flow works is not more than the average annual volume that could have been taken under the operating arrangements in place immediately before the commencement of this plan. (sec.38-ssec.1) This section applies if— an owner of land has complied with section 37 to continue taking overland flow water using overland flow works; and the chief executive is satisfied there has been, or may be, an increase, in the average annual volume of overland flow water taken using the overland flow works, above the average annual volume that could have been taken under the operating arrangements in place immediately before the commencement of this plan. (sec.38-ssec.2) The chief executive may— under section 212 of the Act , grant a water licence to replace the authorisation under section 37 ; and impose a condition on the licence to ensure the average annual volume of overland flow water that may be taken using the overland flow works is not more than the average annual volume that could have been taken under the operating arrangements in place immediately before the commencement of this plan.

• (a) an owner of land has complied with section 37 to continue taking overland flow water using overland flow works; and
• (b) the chief executive is satisfied there has been, or may be, an increase, in the average annual volume of overland flow water taken using the overland flow works, above the average annual volume that could have been taken under the operating arrangements in place immediately before the commencement of this plan.
• (a) under section 212 of the Act , grant a water licence to replace the authorisation under section 37 ; and
• (b) impose a condition on the licence to ensure the average annual volume of overland flow water that may be taken using the overland flow works is not more than the average annual volume that could have been taken under the operating arrangements in place immediately before the commencement of this plan.