Water Management Act 1999

An authorised officer may, subject to this section – permit a person to take water from a water resource for a limited period; or permit a class of persons to take water from a water resource in a particular way.

The permission may be granted unconditionally or on such conditions as the authorised officer thinks fit having regard to the objectives of this Act.

However, the permission may only be granted if the authorised officer is satisfied that the taking of the water would – be consistent with any relevant water management plan; and not adversely affect the taking of water by other persons with a right to take water from the water resource; and not cause material environmental harm or serious environmental harm.

Also, in the case of water from a water resource within a hydro-electric district, the permission may only be granted with the agreement of the relevant electricity entity, which agreement – may be given subject to reasonable conditions; but is not to be unreasonably withheld.

If subsection (4)(a) applies, the electricity entity's conditions are to be made conditions of the permission.

The permission is to be granted – for subsection (1)(a), by individual notice in writing; and for subsection (1)(b), by general notice published in a local newspaper or such other means as the authorised officer thinks fit.

The Minister may give an authorised officer directions as to the exercise of powers under this section and the authorised officer must comply with those directions.

If a fee is prescribed for the purposes of subsection (1)(a), a person is not eligible to be granted a permission under that subsection unless that fee has been paid.

A person who has permission to take water from a water resource for a limited period under this section may, without further authority, take that water under and in accordance with the conditions, if any, of that permission.

A person belonging to a class of persons that has permission to take water from a water resource in a particular way under this section may, without further authority, take that water under and in accordance with the conditions, if any, of that permission.

A person must not – take water from a water resource in contravention of a permission under this section; or contravene any condition of a permission under this section. Fine not exceeding 500 penalty units and, in the case of a continuing offence, a further fine not exceeding 50 penalty units for each day during which the offence continues.

In this section – limited period means a period not exceeding 6 months.