WATER ACT 2000 - SECT 972D Additional rights for permits for operational work

WATER ACT 2000 - SECT 972D

972D Additional rights for permits for operational work

(1) A development permit, to the extent it relates to operational work for taking or interfering with water, or the removal of quarry material, from a watercourse or lake, is taken to include a right to use and occupy the part of the watercourse or lake—

(a) that forms all or part of the boundary of the land to which the development permit attaches; and

(b) on which the works are situated.

(2) An owner of land carrying out operational work that involves taking water from a watercourse, lake or spring under section 96 (2) and is accepted development, is taken to have a right to use and occupy the part of the watercourse or lake—

(a) that forms all or part of the boundary of the owner’s land; and

(b) on which the works are situated.

(3) Operational work that allows taking or interfering with water in a watercourse, lake or spring, other than under a relevant provision, and is accepted development, is taken to include a right to use and occupy the part of the watercourse or lake on which the operations are situated.

(4) In this section—


"relevant provision" means any of the following—

(a) section 93 ;

(b) section 95 (1) ;

(c) section 96 ;

(d) section 99 ;

(e) section 102 .