WATER ACT 2000 - SECT 1256
Water resource plans taken to be water plans
WATER ACT 2000 - SECT 1256
Water resource plans taken to be water plans
1256 Water resource plans taken to be water plans
(1) A water resource plan in force immediately before the commencement
continues in force under the amended Act as a water plan from the
commencement.
(2) However, subsection (1) does not apply to a water resource
plan if at the commencement—
(a) the Minister has published a notice about a
draft water resource plan, including an amending or replacement plan, for
public consultation; or
(b) the chief executive has published a notice about
a draft resource operations plan to implement the water resource plan,
including a notice about an amending or replacement plan, for public
consultation; or
(c) there is a deferred aspect for the resource operations
plan that implements the water resource plan.
(3) For a water resource plan
mentioned in subsection (2)—
(a) the plan continues in force and must be
dealt with under the unamended Act as if the unamended Act had not been
amended; and
(b) the plan becomes a water plan under the amended Act—
(i)
if the Minister has published a notice about a draft water resource plan,
including an amending or replacement plan, for public consultation and
subparagraph (iii) does not apply—on approval by the Governor in Council of
the final draft of the water resource plan; or
(ii) if the chief executive
has published a notice about a draft resource operations plan to implement the
water resource plan, including a notice about an amending or replacement plan,
for public consultation and subparagraph (iii) does not apply—on approval by
the Governor in Council of the final draft of the resource operations plan; or
(iii) if the circumstances mentioned in subparagraphs (i) and (ii) both
apply—on approval by the Governor in Council of both the final draft of the
water resource plan and the final draft of the resource operations plan;
(iv)
if there is a deferred aspect for the resource operations plan that implements
the water resource plan—
(A) on approval by the Governor in Council of an
amendment to the resource operations plan about the deferred aspect; or
(B)
on the publication of a notice by the chief executive advising that the chief
executive has decided not to amend the resource operations plan to include
provisions about the deferred aspect.
(4) For subsection (3)(b), if all or
any of the provisions of the final draft of the water resource plan or the
resource operations plan provide for their commencement on a particular day,
the provisions are taken to commence in the water plan on the particular day.