Surety of special licences
111 Surety of special licences
A special licence confers a paramount surety against all persons except for – rights under Part 5 for the taking of water for domestic purposes, consumption by livestock or firefighting; and rights of licensees for the taking of water for domestic purposes or for the consumption by livestock where the licence is endorsed with a condition that section 94(2)(a)(ii) applies to the licence; and the rights mentioned in clause 12(4)(a) of Schedule 4; and the essential needs of ecosystems dependent on the relevant water resource; and the rights of licensees granted a replacement licence under clause 10 of Schedule 4.
Where more than one special licence confers a right to take water from a particular water resource, the licences may contain conditions relating to the relative sureties of the water allocations of the licences.
For the purposes of sections 88(1) and 94(2), the Minister must consult with the special licensees and take account of the relative sureties of the water allocations of the special licences.
Where – the relative sureties of the water allocations of the special licences are not specified in the licences; and the exercise of powers under section 88 or 94 may have an adverse effect on one or more of the special licensees – the Minister must consult with the licensees and obtain the approval of the Advisory Committee before exercising any of those powers.
This Act’s bill:Explanatory notesSecond reading speech
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