WATER ACT 2007 - SECT 24 Temporary diversion provision

WATER ACT 2007 - SECT 24

  (1)   The purpose of a temporary diversion provision for the water resources of a water resource plan area (or for a particular part of those water resources) is to provide for a transition period to minimise social and economic impacts when the long - term average sustainable diversion limit for those water resources (or that part of those resources) is lower than the long - term average quantity of water that has in fact been being taken from those water resources (or that part of those water resources).

  (2)   The temporary diversion provision for the water resources of a water resource plan area (or for a particular part of those water resources) may be specified:

  (a)   as a particular quantity of water per year; or

  (b)   as a formula or other method that may be used to calculate a quantity of water per year; or

  (c)   in any other way that the Authority determines to be appropriate.

  (3)   The temporary diversion provision for the water resources of a water resource plan area (or for a particular part of those water resources) may be zero.

  (4)   The temporary diversion provision for the water resources of a water resource plan area (or for a particular part of those water resources) may be different for different years.

  (5)   The temporary diversion provision for the water resources of a water resource plan area (or for a particular part of those water resources) that is not zero must reduce to zero by the end of the period of 5 years starting at the beginning of the first year for which a temporary diversion provision that is not zero has effect.

  (6)   A fresh determination of a temporary diversion provision that is not zero must not be made in relation to the water resources of a water resource plan area (or a particular part of those water resources) unless the long - term average sustainable diversion limit for those water resources (or that part of those water resources) is reduced by more than 5%.

  (7)   If a fresh determination of a temporary diversion provision that is not zero is made under subsection   (6) for:

  (a)   the water resources of a water resource plan area; or

  (b)   a particular part of those water resources;

the temporary diversion provision for those water resources (or that part of those water resources) must reduce to zero by the end of the period of 5 years starting at the beginning of the first year to which the new long - term average sustainable diversion limit for those water resources (or that part of those water resources) has effect.