(1) The Minister may publish a notice under this section, for a part of the
State, (a
"moratorium notice" ) if the Minister is satisfied action should be taken in
the part—
(a) to protect existing water entitlements and other authorities
under this Act to take or interfere with water; or
(b) to protect natural
ecosystems.
(2) For part of the State to which the moratorium notice applies,
the notice may state the following—
(a) that an application for or about a
water entitlement will not be accepted;
(b) that the construction of works,
or changing existing works, for taking or interfering with water, is limited
in the way stated or is prohibited.
(3) For subsection (2) (b) , the notice
may also state, while the moratorium notice has effect—
(a) new works must
not be physically started; and
(b) completed works in existence must not be
raised, enlarged, deepened or changed; and
(c) works that have been
started—
(i) may be completed only to the extent stated in the notice; and
(ii) must be completed by the day stated in the notice; and
(d) a person who
is completing works that have been started must give the chief executive
notice about the works by the day stated in the notice; and
(e) construction
of works must stop if notice has not been given under paragraph (d) .
(4)
However, the moratorium notice may only apply to an application or
construction of works to the extent the application or construction would have
1 or more of the following effects stated in the notice—
(a) increase the
amount of water that may be taken;
(b) change the location from which water
may be taken;
(c) increase the rate at which water may be taken;
(d) change
the flow conditions under which water may be taken;
(e) increase or change
the interference with the water;
(f) change the purpose for which the water
may be taken or interfered with.
(5) Subsection (4) applies even if the
application was made before the moratorium notice was published.
(6) A
moratorium notice may state matters to which the notice does not apply.
(7)
For this section, works are not started unless—
(a) construction of the
works has physically started or, if construction has not physically started, a
contract has been entered into to start construction, and construction is
started, within 60 days after the day the notice has effect; and
(b) an
independently verifiable construction program exists for progressive
construction towards completion of the works; and
(c) detailed design plans
exist showing, among other things, the extent of the works; and
(d) if a
development permit is required for the works or for other development
associated with the works—the permit has been given.
