Water Management Act 1999

Where a person who proposes to undertake dam works is required under any other enactment to apply for any approval or permit before those works are undertaken, the relevant authority must refer the application to the Minister before granting the approval or issuing the permit.

Where an application is referred to the Minister – the Minister may require the imposition on the approval or permit of such terms and conditions as the he or she considers necessary or desirable to ensure the safety of the dam works, including a condition consisting of a requirement that the person report to the Minister in relation to the person's compliance with any condition of the approval or permit; and the relevant authority must include those terms and conditions on the approval or permit.

An application referred to the Minister under subsection (1) is taken to be an application for a Division 3 permit except that – it is exempt from the provisions of sections 146, 147 and 148; and the provisions of section 156 relating to the granting or refusal of an application for a Division 3 permit do not apply; and the Minister may impose terms and conditions as mentioned in subsection (2) of this section.

Division 2 of Part 14 does not apply to any terms or conditions imposed by the Minister under subsection (2) but this subsection does not affect any right of appeal against those terms and conditions which may lie under any enactment under which the relevant application is made.

Where a referral is made under subsection (1) and the referral would result in the relevant authority not being able to meet any statutory restrictions as to time on the period within which the relevant authority must consider the application, those restrictions are suspended until such time as the Minister makes a final decision on the referral.