sec.390Minister may declare temporary full supply level

### sec.390 Minister may declare temporary full supply level This section applies if the Minister considers the impacts of a potential flood or drought may be mitigated by having a full supply level for a dam that is different from the full supply level stated in the resource operations licence. The Minister may, by notice given to the owner of the dam, declare a new full supply level (a temporary full supply level ) for the dam. Under the Water Act 2000 , section 813 (3) (c) (i) and (4) (a) , if a declaration is in force for a temporary full supply level for the dam, a reference in the resource operations licence to the full supply level for the dam is taken to be a reference to the temporary full supply level declared for the dam. Under the Water Act 2000 , section 813 (3) (c) and (4) (c) , if both a declaration is in force for a temporary full supply level for the dam, and the full supply level of the dam is reduced under chapter 4 , part 4 of this Act, a reference in the resource operations licence to the full supply level for the dam is taken to be a reference to the lower of the temporary full supply level and the reduced full supply level under section 399B (2) . In deciding whether to make the declaration, the Minister— must have regard to— the outcome of any consultation between the chief executive and the owner of the dam about the full supply level for the dam; and the extent to which the temporary full supply level is likely to mitigate the impacts of a potential flood or drought; and impacts the temporary full supply level may have on the water security of the dam; and whether the temporary full supply level would affect the safety of the dam; and any other positive or negative impacts of the temporary full supply level the Minister considers relevant; and may have regard to any matter the Minister considers appropriate, including, for example— meteorological forecasts; and the public interest. A declaration under this section— takes effect on the day stated in the declaration; and ceases to have effect on the earlier of the following days— the day stated in the declaration; the day that is 1 year after the declaration is made; the day the declaration is revoked. A copy of a notice given to an owner of a dam under subsection (2) must be published in the gazette as soon as practicable after it is given. The Minister may declare a temporary full supply level more than once for a particular dam. To remove any doubt, it is declared that, if the Minister declares a temporary full supply level for a dam under subsection (2) , the owner of the dam may operate the dam at the temporary full supply level, including, for example, by releasing water from the dam to maintain the temporary full supply level. In this section— water security , of a dam, includes the reliability of water supply having regard to the availability of water stored in, and the cost of supplying water from, the dam. s 390 ins 2012 No. 29 s 32 amd 2014 No. 64 s 254 sch 1 sub 2017 No. 11 s 27 amd 2019 No. 17 s 352 ; 2020 No. 14 s 216 (sec.390-ssec.1) This section applies if the Minister considers the impacts of a potential flood or drought may be mitigated by having a full supply level for a dam that is different from the full supply level stated in the resource operations licence. (sec.390-ssec.2) The Minister may, by notice given to the owner of the dam, declare a new full supply level (a temporary full supply level ) for the dam. Under the Water Act 2000 , section 813 (3) (c) (i) and (4) (a) , if a declaration is in force for a temporary full supply level for the dam, a reference in the resource operations licence to the full supply level for the dam is taken to be a reference to the temporary full supply level declared for the dam. Under the Water Act 2000 , section 813 (3) (c) and (4) (c) , if both a declaration is in force for a temporary full supply level for the dam, and the full supply level of the dam is reduced under chapter 4 , part 4 of this Act, a reference in the resource operations licence to the full supply level for the dam is taken to be a reference to the lower of the temporary full supply level and the reduced full supply level under section 399B (2) . (sec.390-ssec.3) In deciding whether to make the declaration, the Minister— must have regard to— the outcome of any consultation between the chief executive and the owner of the dam about the full supply level for the dam; and the extent to which the temporary full supply level is likely to mitigate the impacts of a potential flood or drought; and impacts the temporary full supply level may have on the water security of the dam; and whether the temporary full supply level would affect the safety of the dam; and any other positive or negative impacts of the temporary full supply level the Minister considers relevant; and may have regard to any matter the Minister considers appropriate, including, for example— meteorological forecasts; and the public interest. (sec.390-ssec.4) A declaration under this section— takes effect on the day stated in the declaration; and ceases to have effect on the earlier of the following days— the day stated in the declaration; the day that is 1 year after the declaration is made; the day the declaration is revoked. (sec.390-ssec.5) A copy of a notice given to an owner of a dam under subsection (2) must be published in the gazette as soon as practicable after it is given. (sec.390-ssec.6) The Minister may declare a temporary full supply level more than once for a particular dam. (sec.390-ssec.7) To remove any doubt, it is declared that, if the Minister declares a temporary full supply level for a dam under subsection (2) , the owner of the dam may operate the dam at the temporary full supply level, including, for example, by releasing water from the dam to maintain the temporary full supply level. (sec.390-ssec.8) In this section— water security , of a dam, includes the reliability of water supply having regard to the availability of water stored in, and the cost of supplying water from, the dam. - 1 Under the Water Act 2000 , section 813 (3) (c) (i) and (4) (a) , if a declaration is in force for a temporary full supply level for the dam, a reference in the resource operations licence to the full supply level for the dam is taken to be a reference to the temporary full supply level declared for the dam. - 2 Under the Water Act 2000 , section 813 (3) (c) and (4) (c) , if both a declaration is in force for a temporary full supply level for the dam, and the full supply level of the dam is reduced under chapter 4 , part 4 of this Act, a reference in the resource operations licence to the full supply level for the dam is taken to be a reference to the lower of the temporary full supply level and the reduced full supply level under section 399B (2) . - (a) must have regard to— (i) the outcome of any consultation between the chief executive and the owner of the dam about the full supply level for the dam; and (ii) the extent to which the temporary full supply level is likely to mitigate the impacts of a potential flood or drought; and (iii) impacts the temporary full supply level may have on the water security of the dam; and (iv) whether the temporary full supply level would affect the safety of the dam; and (v) any other positive or negative impacts of the temporary full supply level the Minister considers relevant; and - (i) the outcome of any consultation between the chief executive and the owner of the dam about the full supply level for the dam; and - (ii) the extent to which the temporary full supply level is likely to mitigate the impacts of a potential flood or drought; and - (iii) impacts the temporary full supply level may have on the water security of the dam; and - (iv) whether the temporary full supply level would affect the safety of the dam; and - (v) any other positive or negative impacts of the temporary full supply level the Minister considers relevant; and - (b) may have regard to any matter the Minister considers appropriate, including, for example— (i) meteorological forecasts; and (ii) the public interest. - (i) meteorological forecasts; and - (ii) the public interest. - (i) the outcome of any consultation between the chief executive and the owner of the dam about the full supply level for the dam; and - (ii) the extent to which the temporary full supply level is likely to mitigate the impacts of a potential flood or drought; and - (iii) impacts the temporary full supply level may have on the water security of the dam; and - (iv) whether the temporary full supply level would affect the safety of the dam; and - (v) any other positive or negative impacts of the temporary full supply level the Minister considers relevant; and - (i) meteorological forecasts; and - (ii) the public interest. - (a) takes effect on the day stated in the declaration; and - (b) ceases to have effect on the earlier of the following days— (i) the day stated in the declaration; (ii) the day that is 1 year after the declaration is made; (iii) the day the declaration is revoked. - (i) the day stated in the declaration; - (ii) the day that is 1 year after the declaration is made; - (iii) the day the declaration is revoked. - (i) the day stated in the declaration; - (ii) the day that is 1 year after the declaration is made; - (iii) the day the declaration is revoked.