WATER ACT 2000 - SECT 33 Application to vary effect of moratorium notice

WATER ACT 2000 - SECT 33

33 Application to vary effect of moratorium notice

(1) Subsection (2) applies to an owner of land if—

(a) the owner is completing works that had been started at the time a moratorium notice took effect; and

(b) the works will not be completed by the day stated in the notice (the
"completion day" ); and

(c) the owner wishes to apply for an extension of the completion day.

(2) The owner—

(a) must stop construction of the works by the completion day; and

(b) may apply to the Minister for an extension of the completion day if—

(i) the works are substantially completed; or

(ii) the works will not be completed by the completion day because of a change in circumstances beyond the applicant’s control including, for example, construction difficulties, extreme bad weather or the applicant’s ill health.

(3) The application must—

(a) be in the approved form; and

(b) be accompanied by the prescribed fee; and

(c) be made before the completion day; and

(d) include sufficient information to support the application.

(4) The Minister may refer the application to a referral panel established under section 242 .

(5) The Minister must—

(a) decide the application; and

(b) give the applicant notice of the decision.

(6) If the application has been referred to a referral panel, the Minister must have regard to the panel’s recommendation before making a decision.

(7) If the Minister grants the application, the moratorium notice, for the applicant, is varied in the following way—

(a) the completion day, for the works, is the day stated in the Minister’s notice;

(b) the works may be completed to the extent stated in the notice.

(8) 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.