WATER MANAGEMENT ACT 2000 - SECT 333
Directions to protect water sources
WATER MANAGEMENT ACT 2000 - SECT 333
Directions to protect water sources
333 Directions to protect water sources
(1) This section applies if the
Minister is of the opinion that--
(a) the construction or use of a water
management work, or
(b) a controlled activity or aquifer interference
activity,
is having, has had, or is likely to have, an adverse effect on a
water source or waterfront land.
(2) The Minister may, by order in writing
served on--
(a) the person having control or management of the water
management work, or
(b) the person who has carried out, is carrying out or
proposes to carry out the controlled activity or aquifer interference
activity,
direct the person to take specified measures to prevent, minimise or
mitigate any adverse effect on the water source or waterfront land as a
consequence of the construction or use of the work or the carrying out of the
activity.
(3) Without limiting subsection (2), the measures that may be
specified in a direction under this section include--
(a) a direction to
repair any damage caused by the construction or use of the water management
work or the carrying out of the controlled activity or aquifer interference
activity, and
(b) a direction to rehabilitate any water source or waterfront
land that has been adversely affected by the construction or use of the water
management work or the carrying out of the controlled activity or aquifer
interference activity, and
(c) a direction to ensure that the construction or
use of the water management work, or the carrying out of the controlled
activity or aquifer interference activity, will not in future adversely affect
any water source or waterfront land.
(4) Without limiting subsection (2)--
(a) the person who, at the time of the construction or use of a water
management work to which this section applies, was the landholder on whose
land the work was situated is taken to have control and management of the
work, and
(b) the landholder on whose land a water management work is
situated, or is proposed to be situated, is taken to have control and
management of the work, and
(c) the person who, at the time a controlled
activity or aquifer interference activity to which this section applies, was
the landholder on whose land the activity was carried out is taken to be
carrying out the activity, and
(d) the landholder on whose land a controlled
activity or aquifer interference activity is carried out, or is proposed to be
carried out, is taken to be carrying out the activity.
