sec.23Particular applications made before 18 January 2010

sec.23 Particular applications made before 18 January 2010

This section applies to an application— for a water licence to take or interfere with water in the plan area; and made under the Act , or the repealed Act, before 18 January 2010; and not finally decided before the commencement of this plan. However, this section does not apply to an application— for a water licence to interfere with water if— the purpose is to impound water; and the reason for the impoundment is to generate energy using a micro hydro-electric power scheme; or to which chapter 5 , part 2 , division 2 applies. The application must be refused if granting the application would have 1 or more of the following effects on water to which this plan applies— increase the amount of water that may be taken; change the location from which water may be taken; increase the rate at which water may be taken; change the flow conditions under which water may be taken; increase or change the interference with the water; change the purpose for which the water may be taken or interfered with. (sec.23-ssec.1) This section applies to an application— for a water licence to take or interfere with water in the plan area; and made under the Act , or the repealed Act, before 18 January 2010; and not finally decided before the commencement of this plan. (sec.23-ssec.2) However, this section does not apply to an application— for a water licence to interfere with water if— the purpose is to impound water; and the reason for the impoundment is to generate energy using a micro hydro-electric power scheme; or to which chapter 5 , part 2 , division 2 applies. (sec.23-ssec.3) The application must be refused if granting the application would have 1 or more of the following effects on water to which this plan applies— increase the amount of water that may be taken; change the location from which water may be taken; increase the rate at which water may be taken; change the flow conditions under which water may be taken; increase or change the interference with the water; change the purpose for which the water may be taken or interfered with.

• (a) for a water licence to take or interfere with water in the plan area; and
• (b) made under the Act , or the repealed Act, before 18 January 2010; and
• (c) not finally decided before the commencement of this plan.
• (a) for a water licence to interfere with water if— (i) the purpose is to impound water; and (ii) the reason for the impoundment is to generate energy using a micro hydro-electric power scheme; or
• (i) the purpose is to impound water; and
• (ii) the reason for the impoundment is to generate energy using a micro hydro-electric power scheme; or
• (b) to which chapter 5 , part 2 , division 2 applies.
• (i) the purpose is to impound water; and