Water Act 2000

This section applies if—

immediately before the commencement of this section, a person was authorised under a licence or permit under this Act to conduct an activity of any type within a watercourse; and

before the commencement of this section, the person lawfully conducted, on land adjoining the land to which the licence or permit applied, an activity of the same nature; and

on the commencement of this section, the adjoining land became land included in a watercourse; and

the licence or permit is still in force after the commencement of this section.

The licence or permit, while still in force, is taken to be extended to authorise the conduct of the activity on the adjoining land—

for the period of 6 months immediately following the commencement of this section; or

if within the 6 months period the person makes an application under subsection (3) and the application has not been approved or refused at the end of the 6 months period—until the chief executive approves or refuses the application.

The person may apply to the chief executive for the extension of the application of the licence or permit to the adjoining land.

An application under subsection (3) must be made within 6 months after the commencement of this section.

In deciding the application, the chief executive must have regard to the same matters required to be taken into consideration for the grant of the licence or permit.

If the chief executive approves the application, the licence or permit, while still in force, is taken, subject to any reasonable conditions stated in the approval, to be extended to authorise the conduct of the activity on the adjoining land, starting when the extension provided for in subsection (2) ends.

If, having regard to the matters mentioned in subsection (5), the chief executive can not approve an application under subsection (3), the chief executive may nevertheless give an authority that applies as for an approval under subsection (6), but only for the period stated in the authority.

The chief executive may give an applicant an authority under subsection (7) only if the applicant satisfies the chief executive that the applicant will suffer particular hardship because of the refusal of the application under subsection (3).

The period stated in the authority under subsection (7) must not be longer than the period reasonably needed for the applicant to move the conduct of the activity from the adjoining land, but in any event must not end later than 5 years after the commencement of this section.

Within 10 days after making a decision about an application or authority under this section, the chief executive must give the applicant an information notice about the decision.