sec.36Particular applications for dealings inconsistent with this plan

sec.36 Particular applications for dealings inconsistent with this plan

The granting of an application made under section 121 of the Act for a dealing with a water licence in relation to surface water to which this plan applies is inconsistent with this plan if the application is an application mentioned in section 130 (1) (a) or (b) of the Act . See section 129 of the Act for the actions the chief executive must take if the granting of an application for a dealing with a water licence is inconsistent with a water plan. However, subsection (1) does not apply to any of the following applications— an application the chief executive may decide to grant under section 42 ; an application for a dealing with a water licence if the dealing is— an amendment of the water licence required to enable the applicant to lawfully take or divert water for storing and generating energy in the plan area; or an amendment of the water licence that states a purpose of ‘relift’ to add, remove or change a condition of the licence; or a dealing permitted under the water management protocol for this plan; an application to increase the interference with the flow of surface water to which this plan applies if— the applicant is a constructing authority and the purpose of the proposed increased interference is to divert surface water to enable the applicant to lawfully construct or maintain infrastructure in the plan area; or the applicant is a water service provider and the purpose of the proposed increased interference is to enable the applicant to lawfully construct or maintain infrastructure to improve security for a town water supply in the plan area. See section 130 of the Act for how an application mentioned in this subsection must be assessed. Also, subsection (1) does not apply to an application made by a water service provider— to do either of the following for the purpose of enabling the applicant to lawfully supply urban water to towns and communities dependent on the water resources for the plan area— increase the rate of the taking of surface water to which this plan applies; change the location of the taking or interference with water under the licence; or to amend a water licence to add, remove or change a condition of the licence for a town water supply purpose. See section 130 of the Act for how an application mentioned in this subsection must be assessed. (sec.36-ssec.1) The granting of an application made under section 121 of the Act for a dealing with a water licence in relation to surface water to which this plan applies is inconsistent with this plan if the application is an application mentioned in section 130 (1) (a) or (b) of the Act . See section 129 of the Act for the actions the chief executive must take if the granting of an application for a dealing with a water licence is inconsistent with a water plan. (sec.36-ssec.2) However, subsection (1) does not apply to any of the following applications— an application the chief executive may decide to grant under section 42 ; an application for a dealing with a water licence if the dealing is— an amendment of the water licence required to enable the applicant to lawfully take or divert water for storing and generating energy in the plan area; or an amendment of the water licence that states a purpose of ‘relift’ to add, remove or change a condition of the licence; or a dealing permitted under the water management protocol for this plan; an application to increase the interference with the flow of surface water to which this plan applies if— the applicant is a constructing authority and the purpose of the proposed increased interference is to divert surface water to enable the applicant to lawfully construct or maintain infrastructure in the plan area; or the applicant is a water service provider and the purpose of the proposed increased interference is to enable the applicant to lawfully construct or maintain infrastructure to improve security for a town water supply in the plan area. See section 130 of the Act for how an application mentioned in this subsection must be assessed. (sec.36-ssec.3) Also, subsection (1) does not apply to an application made by a water service provider— to do either of the following for the purpose of enabling the applicant to lawfully supply urban water to towns and communities dependent on the water resources for the plan area— increase the rate of the taking of surface water to which this plan applies; change the location of the taking or interference with water under the licence; or to amend a water licence to add, remove or change a condition of the licence for a town water supply purpose. See section 130 of the Act for how an application mentioned in this subsection must be assessed.