100   Conditions of approval generally

(1)  An approval is subject to such conditions as the Minister may from time to time impose:

(a)  which must include such conditions as are required to be imposed on the approval by this Act or by any relevant management plan (mandatory conditions), and

(b)  which may include such other conditions, such as:

(i)  conditions to give effect to any agreement between an applicant and objector under section 93 (5), and

(ii)  conditions relating to the protection of the environment,

      as the Minister thinks fit (discretionary conditions).

(1A)  Mandatory conditions do not have effect in relation to an approval unless they are included in the terms of the approval.

(2)  A mandatory condition prevails over a discretionary condition to the extent of any inconsistency between them.

(3)  Without limiting the types of conditions relating to the protection of the environment that the Minister may impose under this section on a water management work approval, those conditions may include conditions relating to any or all of the following matters:

(a)  the undertaking of an investigation of the environmental impact of cold water releases and the options for mitigation of that impact,

(b)  the preparation of a program to mitigate the impact of cold water releases and the obtaining of approval to the program from the Minister,

(c)  the implementation of the program,

(d)  the monitoring and reporting on actions taken to implement the program and the impact of those actions on the environment,

(e)  the carrying out of new works or the making of alterations to existing works, or both,

(f)  the method of operation of water management works.

Note. If a management plan or Minister’s plan is replaced or amended during the term of an approval, the mandatory conditions applying to the approval may vary.