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WATER MANAGEMENT ACT 1999 - SECT 34 Review and amendment of water management plans

WATER MANAGEMENT ACT 1999 - SECT 34

Review and amendment of water management plans

(1)  After adoption by the Minister of a water management plan, the Secretary must review the plan, in accordance with the requirements specified in the plan, if any, or a direction under subsection (1A) or where it is necessary to do so to ensure the consistency of the plan with any relevant State policy.
(1A)  The Minister may direct the Secretary to review a water management plan if satisfied that it is necessary or desirable to do so owing to environmental, economic or other reasons relating to the water resource to which the water management plan relates.
(2)  In reviewing the plan, the Secretary –
(a) must propose amendments (if any) that are required for the consistency of the plan with any relevant State policy; and
(b) may propose such other amendments to the plan that the Secretary considers to be necessary or desirable to give effect to the objectives of this Act.
(3)  Subject to subsections (4) and (5) , the procedures provided by Division 2 for the preparation and adoption of a water management plan are to be followed when the plan is amended.
(4)  Where the only amendments to the plan are those referred to in subsection (2)(a) , it is not necessary to follow the procedures referred to in subsection (3) if –
(a) the Secretary publishes a copy of the proposed amendments in a local newspaper together with a notice inviting members of the public to provide written representations on the proposed amendments within one month after publication of the notice; and
(b) the Secretary considers all written representations received in accordance with the notice and makes a recommendation to the Minister on the proposed amendments; and
(c) the Minister has regard to that recommendation before adopting the amendments.
(5)  The Minister may amend a water management plan in order to –
(a) correct an error in the plan; or
(b) make a change of form, not involving a change of substance, in the plan; or
(c) give effect to amendments to the plan for the purposes of the consistency of the plan with a State policy or an order under section 26(6) or (8) , 26A or 26B of the State Policies and Projects Act 1993  –
without following the procedures for amendment required by this Part.