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WATER ACT 2000 - SECT 1048

1048 Existing applications

(1) Subsection (2) applies to an application for or about a licence or permit, made under the repealed Act but not decided before the commencement of this section.

(2) On the commencement--

(a) an application under section 42 of the repealed Act for a licence to take or use water, is taken to be an application under section 206 for a licence to take or interfere with the flow of water; and
(b) publication of a notice under section 42(6) of the repealed Act is taken to be publication of a notice under section 208; and
(c) an objection under section 42(9) of the repealed Act is taken to be a properly made submission under section 211(3); and
(d) an application under section 44(2) of the repealed Act to amend, modify, vary, revoke or add a term to which a licence is subject--
(i) to the extent the application relates to the taking of water--is taken to be an application under section 219 to make a minor amendment to a licence; and
(ii) to the extent the application relates to works for the taking of water and conditions that relate to the works--
(A) if the chief executive would be the assessment manager for the construction of the works--is taken to be an application in relation to a development permit to which chapter 8, part 2 applies; and
(B) if the chief executive is not the assessment manager--lapses; and
(e) an application under section 45 of the repealed Act to amend a licence--
(i) to the extent the application relates to the taking of water--is taken to be an application under section 216 to amend a licence; and
(ii) to the extent the application relates to works for the taking of water and conditions that relate to the works--
(A) if the chief executive would be the assessment manager for the construction of the works--is taken to be an application in relation to a development permit to which chapter 8, part 2 applies; and
(B) if the chief executive is not the assessment manager--lapses; and
(f) a show cause notice given under section 50 of the repealed Act is taken to be--
(i) if the notice is about taking or interfering with the flow of water--a show cause notice under section 218(3); and
(ii) if the notice is about modifying or removing works--a show cause notice under section 968(2); and
(g) an application under section 46 of the repealed Act to renew a licence is taken to be an application under section 220; and
(h) an application under section 46 of the repealed Act to renew an expired licence, made within 4 months after the day the licence expired, is taken to be an application under section 221 to reinstate a licence, made within 30 business days after the licence expired; and
(i) for section 221, a licence that expires within 4 months before the day section 221 commences is taken to have expired on the day after section 221 commences; and
(j) an application under section 47 of the repealed Act to transfer a licence is taken to be an application under section 222; and
(k) an application under section 71 of the repealed Act to destroy vegetation, excavate or place fill in a watercourse, lake or spring is taken to be an application under section 266; and
(l) an application under section 58 of the repealed Act to take, get, remove or otherwise interfere with quarry material, lapses; and
(m) an application under section 42 of the repealed Act for a driller's licence is taken to be an application under section 299; and
(n) an application under section 42 of the repealed Act to construct works--
(i) if the chief executive would be the assessment manager for construction of the works--is taken to be an application for a development permit to which chapter 8, part 2 applies; and
(ii) if the chief executive is not the assessment manager--lapses; and
(o) an application under section 57 of the repealed Act, to construct or use works to take water, lapses; and
(p) an application not mentioned in paragraphs (a) to (o) may be taken to be an application for or about a licence or permit under an equivalent provision of this Act.

(3) If part of an application mentioned in subsection (1) is about a referable dam, the part lapses.

(4) This section does not apply to an application for a licence made under the repealed Act but not decided before the commencement, relating to a dam containing, or a proposed dam that after its construction will contain, hazardous waste.

(5) In subsection (3)--

referable dam has the meaning given by the Water Resources Act 1989, section 2, but does not include a dam containing, or a proposed dam that after its construction will contain, hazardous waste.



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