sec.43Effect of acquisition or disposal of part of land

sec.43 Effect of acquisition or disposal of part of land

This section applies to a water licence if part of the land to which the licence attaches— is taken under the Acquisition of Land Act 1967 ; or is disposed of by the registered owner of the land to a constructing authority for a purpose for which land may be taken under that Act. If the acquisition or disposal includes a transfer of the licence, the chief executive must record the transfer in the department’s records as if the transfer were a proposed dealing mentioned in section 131 (1) of the Act . If water that may be taken under the licence can still be taken from the original source on or adjoining the remaining part of the land, the chief executive must amend the licence under section 132 of the Act , so the licence attaches to the remaining part of the land. If the remaining part of the land no longer adjoins the original source, on the day the acquisition or disposal happens the water licence is taken to be held jointly by all owners of the land to which the licence attaches. See section 121 of the Act about who may apply for a dealing with a water licence. (sec.43-ssec.1) This section applies to a water licence if part of the land to which the licence attaches— is taken under the Acquisition of Land Act 1967 ; or is disposed of by the registered owner of the land to a constructing authority for a purpose for which land may be taken under that Act. (sec.43-ssec.2) If the acquisition or disposal includes a transfer of the licence, the chief executive must record the transfer in the department’s records as if the transfer were a proposed dealing mentioned in section 131 (1) of the Act . (sec.43-ssec.3) If water that may be taken under the licence can still be taken from the original source on or adjoining the remaining part of the land, the chief executive must amend the licence under section 132 of the Act , so the licence attaches to the remaining part of the land. (sec.43-ssec.4) If the remaining part of the land no longer adjoins the original source, on the day the acquisition or disposal happens the water licence is taken to be held jointly by all owners of the land to which the licence attaches.

• (a) is taken under the Acquisition of Land Act 1967 ; or
• (b) is disposed of by the registered owner of the land to a constructing authority for a purpose for which land may be taken under that Act.