sec.73Criteria for assessing particular dealings

sec.73 Criteria for assessing particular dealings

Subsection (2) applies if the chief executive is satisfied the application is for a water allocation dealing that— is compatible with the objectives of the relevant water plan; and is in the public interest; and will not significantly adversely affect water entitlement holders, resource operations licence holders or natural ecosystems; and for a water allocation managed under a resource operations licence, does not— increase the water allocation’s share of the water the resource operations licence holder has available to supply the water allocations managed under the licence; or increase the water the resource operations licence holder has available to supply the water allocations managed under the licence; and for a water allocation not managed under a resource operations licence, does not— change the nominal volume for the water allocation; or increase the water allocation’s share of the water available to be taken under the water allocations in all water allocation groups mentioned in the relevant water plan area. The chief executive must approve the application, with or without conditions. If the chief executive is not satisfied as mentioned in subsection (1) , the chief executive must refuse the application. (sec.73-ssec.1) Subsection (2) applies if the chief executive is satisfied the application is for a water allocation dealing that— is compatible with the objectives of the relevant water plan; and is in the public interest; and will not significantly adversely affect water entitlement holders, resource operations licence holders or natural ecosystems; and for a water allocation managed under a resource operations licence, does not— increase the water allocation’s share of the water the resource operations licence holder has available to supply the water allocations managed under the licence; or increase the water the resource operations licence holder has available to supply the water allocations managed under the licence; and for a water allocation not managed under a resource operations licence, does not— change the nominal volume for the water allocation; or increase the water allocation’s share of the water available to be taken under the water allocations in all water allocation groups mentioned in the relevant water plan area. (sec.73-ssec.2) The chief executive must approve the application, with or without conditions. (sec.73-ssec.3) If the chief executive is not satisfied as mentioned in subsection (1) , the chief executive must refuse the application.

• (a) is compatible with the objectives of the relevant water plan; and
• (b) is in the public interest; and
• (c) will not significantly adversely affect water entitlement holders, resource operations licence holders or natural ecosystems; and
• (d) for a water allocation managed under a resource operations licence, does not— (i) increase the water allocation’s share of the water the resource operations licence holder has available to supply the water allocations managed under the licence; or (ii) increase the water the resource operations licence holder has available to supply the water allocations managed under the licence; and