Access licences and approvals not to arise from certain entitlements
6 Access licences and approvals not to arise from certain entitlements
An entitlement that, immediately before the appointed day, entitled any person or body—
to take water, or
to construct or use a water management work, or
to use water, or
to carry out an activity,
for a specified purpose for which an access licence or approval is not required to be obtained under this Act or the regulations is, to the extent to which it relates to any such purpose, not replaced by an access licence or approval.
Note.
For example, an owner or occupier of a landholding may take water and construct and use works for domestic and stock purposes, or within a harvestable rights area, without being required to hold an access licence.
A document purporting to be an access licence or approval that is inadvertently issued in replacement of an entitlement referred to in subclause (1) is of no effect.
However, subclauses (1) and (2) do not apply in relation to an entitlement to take or use water for domestic and stock purposes if the entitlement arises from Part 2 of the 1912 Act.
Any access licence issued before the commencement of subclause (3) as a replacement for an entitlement of the kind referred to in that subclause that would have been validly issued if that subclause had been in force at the time it was issued is taken to have been (and always to have been) validly issued.
This provision refers to the regulations (the regulations
). Made under this Act:
- Gumly Gumly Private Irrigation District Board of Management (General) By-law 1997 · Regulation
- Hay Private Irrigation District Board of Management (Water Rights) By-law 1999 · Regulation
- Moira Board of Management (General) By-law 1989 · Regulation
8 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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