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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 07:23)
39A   Exemption relating to certain public authorities granted by Minister during drought
(1)  The Minister may, on application for an exemption under this clause, exempt a relevant public authority from section 91B(1) of the Act in relation to the construction or use (or both) of a water supply work.
(2)  An exemption under this clause is to be granted by notice in writing to the relevant public authority (an exemption notice).
(3)  The Minister may grant an exemption only if satisfied that—
(a)  conditions of drought exist, and
(b)  the grant of the exemption is in the public interest given those conditions.
(4)  An exemption is subject to the condition that the public authority must notify the Minister in writing of the following matters within the relevant period—
(a)  the plans of the public authority in relation to the water supply work, in particular, whether or not it proposes to continue to use the work after the exemption expires,
(b)  if the public authority intends to cease using the water supply work on or before the expiry of the exemption—the date on which it will cease to use the work and its plans for the work once that occurs (for example, whether the work is to be capped, decommissioned or removed),
(c)  if the public authority intends to continue using the water supply work after the exemption expires—whether it intends to—
(i)  apply for an extension of the period of the exemption, or
(ii)  rely on another exemption pursuant to the Act or the regulations from the requirement for an approval in relation to the work, or
(iii)  apply for a water supply work approval in relation to the work.
Note.
 A further notification is required under this condition if an exemption is extended—see subclause (10).
(5)  The Minister may grant an exemption subject to any further conditions that the Minister considers appropriate.
(6)  Without limiting subclause (5), the Minister may grant an exemption subject to conditions that relate to one or more of the following—
(a)  the location of the water supply work,
(b)  the water source from which water is proposed to be taken by the water supply work,
(c)  the construction standards with which the water supply work must comply,
(d)  the maximum size of the water supply work,
(e)  reporting requirements on completion of the construction of the water supply work.
(7)  The Minister may revoke an exemption, by notice in writing to the public authority, for any reason that the Minister considers appropriate.
(8)  An exemption remains in force (unless revoked earlier)—
(a)  for the period specified in the exemption notice (or, if extended, specified in the extension notice) for the purposes of this subclause, or
(b)  if no period is so specified—for 12 months following the date of the grant of the exemption.
(9)  The Minister may, on application for an extension of an exemption under this clause, extend the time for which an exemption remains in force by giving further notice in writing to the public authority (an extension notice).
(10)  Subclauses (3)–(7) apply to the grant of an extension of an exemption and an extended exemption in the same way as they apply to the grant of an exemption and an exemption.
(11)  In this clause—
relevant period means—
(a)  in relation to an exemption (as initially granted)—
(i)  the period specified in the exemption notice for the purposes of subclause (4), or
(ii)  if no period is so specified—the period of 3 months before the date on which the exemption is due to expire, and
(b)  in relation to an extended exemption—
(i)  the period specified in the extension notice for the purposes of subclause (4), or
(ii)  if no period is so specified—3 months before the date on which the exemption as extended is due to expire.
relevant public authority means a public authority who supplies water to the public.