Water Act 2000

Subsection (2) applies to an owner of land if—

the owner is completing works that had been started at the time a moratorium notice took effect; and

the works will not be completed by the day stated in the notice (the completion day); and

the owner wishes to apply for an extension of the completion day.

The owner—

must stop construction of the works by the completion day; and

may apply to the Minister for an extension of the completion day if—

the works are substantially completed; or

the works will not be completed by the completion day because of a change in circumstances beyond the applicant’s control including, for example, construction difficulties, extreme bad weather or the applicant’s ill health.

The application must—

be in the approved form; and

be accompanied by the prescribed fee; and

be made before the completion day; and

include sufficient information to support the application.

The Minister may refer the application to a referral panel established under section 242.

The Minister must—

decide the application; and

give the applicant notice of the decision.

If the application has been referred to a referral panel, the Minister must have regard to the panel’s recommendation before making a decision.

If the Minister grants the application, the moratorium notice, for the applicant, is varied in the following way—

the completion day, for the works, is the day stated in the Minister’s notice;

the works may be completed to the extent stated in the notice.

For this section, works are not started unless—

construction of the works has physically started or, if construction has not physically started, a contract has been entered into to start construction, and construction is started, within 60 days after the day the notice has effect; and

an independently verifiable construction program exists for progressive construction towards completion of the works; and

detailed design plans exist showing, among other things, the extent of the works; and

if a development permit is required for the works or for other development associated with the works—the permit has been given.