Power of Minister to give directions
78 Power of Minister to give directions
The Minister may, by notice in writing, direct the occupier of any works on a waterway or of a bore—
to operate or alter those works in compliance with the conditions specified in the notice; or
to take the measures specified in the notice, being measures that the Minister thinks necessary—
to secure compliance with this Act or the conditions of any licence granted under this Act; or
S. 78(1)(b)(ii) amended by No. 99/2005 s. 33(a).
to prevent the waste, misuse or pollution of water;
S. 78(1)(b)(iii) inserted by No. 99/2005 s. 33(b).
to protect the environment, including the riverine and riparian environment; or
S. 78(1)(b)(iv) inserted by No. 99/2005 s. 33(b).
to maintain the environmental water reserve in accordance with the environmental water reserve objective.
(2) Any condition of a licence issued under section 67 relating to works that is inconsistent with a direction given by the Minister under subsection (1) is of no effect to the extent that it is inconsistent.
The Minister may, by notice in writing, direct the occupier of any works to which this subsection applies to remove those works.
Subsection (3) applies to—
works on a collection of water declared by the Governor in Council to be a lake, lagoon, swamp or marsh under section 4 if the works were constructed before the making of the declaration; and
works constructed before the commencement of this subsection on a waterway that immediately before that commencement was not a water-course within the meaning of Part II of the Water Act 1958; and
works constructed on a waterway on or after that commencement in contravention of this Act.
S. 78(5) repealed by No. 23/2019 s. 40.
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S. 78A inserted by No. 23/2019 s. 41.
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