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Contents (2018 - 480)
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Water Management (General) Regulation 2018
Current version for 7 February 2020 to date (accessed 10 April 2020 at 07:16)
Part 10 Division 5
Division 5 Miscellaneous
244   Mandatory condition relating to other reporting
(1)  A condition imposed by this clause is a mandatory condition for the purposes of sections 115 and 115A(b) of the Act.
(2)  It is a condition of each authority that is the subject of a mandatory metering equipment condition that the holder of the authority must—
(a)  record in the approved form and manner when water is taken using a work to which the authority applies under a basic landholder right or in other circumstances other than under an access licence or a licence or other entitlement under the former 1912 Act, and
(b)  if the authority is subject to a condition that the holder must confirm specified matters before water is taken in accordance with the authority—record, in the approved form and manner, the means by which the holder confirmed those specified matters, and
(c)  record the information not later than 24 hours after any day during which water is taken as referred to in paragraph (a) or (b).
(2A)  Subclause (2)(b) does not apply in relation to water taken from a regulated river.
(2B)  A record under subclause (2)(a) is to be given to the Minister in an approved form and manner.
(3)  If, immediately before an authority became the subject of a mandatory metering equipment condition, the authority was subject to a condition requiring the holder to record information of a kind referred to in subclause (2) in relation to a work, the authority is taken to be amended by removing the condition, and any other condition relating to keeping logbooks to record or report water that is taken, in relation to that work.
(4)  For the purposes of subclause (3), it does not matter whether or not the condition relating to recording information or keeping logbooks also requires other information to be recorded.
(5)  This clause does not apply to an authority until the day specified as follows for the works concerned—
(a)  1 December 2021 for the following—
(i)  a work that takes or may be used to take water from a water source to which a water sharing plan described in clause 230(1)(a) applies,
(ii)  a work that is or may be used to take water under a licence or entitlement under the former 1912 Act described in clause 230(2)(a),
(b)  1 December 2022 for the following—
(i)  a work that takes or may be used to take water from a water source to which a water sharing plan described in clause 230(1)(b) applies,
(ii)  a work that is or may be used to take water under a licence or entitlement under the former 1912 Act described in clause 230(2)(b),
(c)  1 December 2023 for the following—
(i)  a work that takes or may be used to take water from a water source to which a water sharing plan described in clause 230(1)(c) applies,
(ii)  a work that is or may be used to take water under a licence or entitlement under the former 1912 Act described in clause 230(2)(c).
(6)  Despite subclause (5), this clause applies to a work that is a pump for surface water that is 500 mm or greater or is the subject of an authority that applies to a work of that kind on and from 1 December 2020.
244A   Mandatory condition relating to reporting where no telemetry otherwise required
(1)  A condition imposed by this clause is a mandatory condition for the purposes of sections 115 and 115A(b) of the Act.
(2)  It is a condition of each authority that is the subject of a mandatory metering equipment condition that, if clause 6(2) of Schedule 8 provides that the clause does not apply to metering equipment used in conjunction with a work, the holder of the authority must report the water taken using the work to the Minister in accordance with this clause.
(3)  A report of water taken using a work must be made in the approved form and manner.
(4)  This clause does not apply in relation to the following—
(a)  a work used to take water if metering equipment that complies with clause 6 of Schedule 8 is installed, used and complies with the telemetry specifications set out in the approved data logging and telemetry specifications (within the meaning of that Schedule) so that data regarding water taken is transmitted in accordance with those specifications,
(b)  water taken from a regulated river.
(5)  This clause does not apply to an authority until the day specified as follows for the works concerned—
(a)  1 December 2021 for the following—
(i)  a work that takes or may be used to take water from a water source to which a water sharing plan described in clause 230(1)(a) applies,
(ii)  a work that is or may be used to take water under a licence or entitlement under the former 1912 Act described in clause 230(2)(a),
(b)  1 December 2022 for the following—
(i)  a work that takes or may be used to take water from a water source to which a water sharing plan described in clause 230(1)(b) applies,
(ii)  a work that is or may be used to take water under a licence or entitlement under the former 1912 Act described in clause 230(2)(b),
(c)  1 December 2023 for the following—
(i)  a work that takes or may be used to take water from a water source to which a water sharing plan described in clause 230(1)(c) applies,
(ii)  a work that is or may be used to take water under a licence or entitlement under the former 1912 Act described in clause 230(2)(c).
(6)  Despite subclause (5), this clause applies to a work that is a pump for surface water that is 500 mm or greater or is the subject of an authority that applies to a work of that kind on and from 1 December 2020.
245   Mandatory conditions imposed on entitlements under former 1912 Act
A mandatory condition imposed on a licence or an entitlement under the former 1912 Act by this Part or clause 250 is taken to have been imposed on the licence or other entitlement under that Act.
246   Review of metering equipment regulations
(1)  The Minister is to review the operation of regulations made under section 115B of the Act as soon as possible after the period of 5 years from the date of commencement of the first regulations made under that section.
(2)  The Minister must publish the review on a website maintained by the Department that is publicly accessible.
247   Service of documents
A document that is required to be given to a person under this Part may be given to the person in the manner in which a document may be served under the Act, except as otherwise provided by this Part.