(b) if the application
relates to non-tidal waters—the Water Act 2000.
(3) The chief executive
may give the notice only if the chief executive is reasonably satisfied it is
not necessary or desirable, for the best management, use, development or
protection of fisheries resources or fish habitats, for a proposed
construction or raising of a waterway barrier works in the area to provide for
the movement of fish across the barrier works.
Examples, for subsection (3),
of the bases on which the chief executive may be satisfied—
1 Allowing for
fish movement in the area is not necessary because—