Water Management Act 1999

Where a notice under section 92(1) reduces or restricts the quantity of water that may be taken by a person, the Minister must reduce or restrict that taking – in accordance with any relevant water management plan; and in the case of water being taken under a special licence, only after – consulting with the special licensee; and taking into account any submissions made by the special licensee; and first reducing the taking of water by persons having rights of lesser surety than that of the special licence.

Except as may be otherwise provided by a relevant water management plan, the Minister must, in reducing or restricting the taking of water – give first preference to – rights under Part 5 for the taking of water for domestic purposes, public health purposes, consumption by livestock or firefighting; and rights of licensees for the taking of water for domestic purposes or for consumption by livestock where the licence is endorsed with a condition that this subsection applies to the licence; and the rights mentioned in clause 12(4)(a) of Schedule 4; and other allocations, where the surety attaching to those allocations in accordance with section 59 is of the highest class; and give second preference to the needs of ecosystems dependent on the water resource; and give third preference to rights of licensees granted a licence by way of replacement under clause 10 of Schedule 4; and give fourth preference to rights of special licensees; and give fifth preference to rights under Part 5 for the taking of water otherwise than for domestic purposes, consumption by livestock or firefighting; and reduce or restrict the taking of water under authorisations that are not referred to in paragraph (a), (b), (c), (d) or (e), having regard to the relative sureties of the water allocations of any relevant licences and the purposes for which the water is taken.

If the owner or occupier of land contravenes a requirement of a notice under section 92 – the Minister may authorise a person to enter on the land and take the action specified in the notice and such other action as the Minister may require for the purposes of this Act; and the Minister's costs actually and reasonably incurred in so doing are a debt due by the owner or occupier to the Minister.

Where a notice has been published under section 92, the Minister may vary or revoke the notice by another notice published in a local newspaper.

Where the Minister has served notice on a person under section 92, the Minister may vary or revoke the notice by a subsequent notice served on that person.