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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 5 April 2020 at 16:06)
Part 11 Clause 250
250   Mandatory condition requiring record of water taken where metering equipment not otherwise required to comply
(1)  For the purposes of sections 115 and 115A(b) of the Act, it is a mandatory condition of an authority under which a work may be used to take water that the holder of the authority must—
(a)  record water taken using the work, and
(b)  separately record 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 entitlement under the former 1912 Act, and
(c)  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 the means by which the holder confirmed those specified matters.
(2)  Subclause (1)(c) does not apply in relation to water taken from a regulated river.
(2A)  The record made under this clause must—
(a)  be made not later than 24 hours after any day during which water is taken, and
(b)  be made in an approved form and manner, and
(c)  be kept for a period of 5 years.
(2B)  A record made under subclause (1)(a), (b) or (c) must be given to the Minister in an approved form and manner not later than 28 days after the end of the water year in which the water was taken or matters confirmed.
(2C)  If, during a water year, the holder of the authority to which this clause applies does not take any water using the work concerned, it is a mandatory condition of the authority that the holder must make a record of that fact in an approved form and manner and give it to the Minister not later than 28 days after the end of that water year.
(3)  If, immediately before an authority became the subject of the condition imposed under this clause, the authority was subject to a condition requiring the holder to record information of a kind referred to in subclause (1) 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 water taken or keeping logbooks also requires other information to be recorded.
(5)  This clause does not apply if—
(a)  metering equipment that complies with Schedule 8 is installed and used in relation to a work used to take water and the person using the work complies with—
(i)  the requirements of clause 244A, or
(ii)  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, or
(b)  the water supply work is subject to a mandatory metering equipment condition (within the meaning of Part 10), or
(c)  the water supply work is used solely to take water pursuant to a basic landholder right, or
(d)  the water supply work is used solely to take water under a floodplain harvesting (regulated river) access licence or a floodplain harvesting (unregulated river) access licence.
(6)  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).
(7)  In this clause, authority has the same meaning as in Part 10.