WATER MANAGEMENT ACT 2000 - SECT 100 Conditions of approvals generally

WATER MANAGEMENT ACT 2000 - SECT 100

100 Conditions of approvals generally

(1) An approval is subject to such conditions as the Minister may from time to time impose--

(a) which must include such conditions as are required to be imposed on the approval by this Act or by any relevant management plan, and

(b) which may include such other conditions, such as--

(i) conditions to give effect to any agreement between an applicant and objector under section 93 (5), and

(ii) conditions relating to the protection of the environment,

as the Minister thinks fit (
"discretionary conditions" ).

(1AA) An approval is subject to any mandatory conditions imposed by this Act or the regulations.

(1A) Mandatory conditions (other than conditions imposed by the regulations) do not have effect in relation to an approval unless they are included in the terms of the approval.

(2) A mandatory condition prevails over a discretionary condition to the extent of any inconsistency between them.

(3) Without limiting the types of conditions relating to the protection of the environment that the Minister may impose under this section on a water management work approval, those conditions may include conditions relating to any or all of the following matters--

(a) the undertaking of an investigation of the environmental impact of cold water releases and the options for mitigation of that impact,

(b) the preparation of a program to mitigate the impact of cold water releases and the obtaining of approval to the program from the Minister,

(c) the implementation of the program,

(d) the monitoring and reporting on actions taken to implement the program and the impact of those actions on the environment,

(e) the carrying out of new works or the making of alterations to existing works, or both,

(f) the method of operation of water management works.

(4) In this section,
"mandatory condition" means a condition referred to in subsection (1) (a) or (1AA) or imposed under section 101A.

Note : If a management plan or Minister's plan is replaced or amended during the term of an approval, the mandatory conditions applying to the approval may vary.