Water Management Act 2000 No 92
Current version for 17 September 2014 to date (accessed 22 December 2014 at 14:29)
Chapter 7Part 1Division 5

Division 5 Protection of public health, public safety and the environment

331   Directions to holders of basic landholder rights

The Minister may, by order in writing served on:
(a)  a landholder on whose land is situated a water supply work that is being used:
(i)  to take water from a water source pursuant to the landholder’s domestic and stock rights, or
(ii)  to capture and store rainwater run-off pursuant to the landholder’s harvestable rights, or
(b)  any person having the control or management of such a work,
direct the landholder or person to take specified measures to protect the environment, to preserve basic landholder rights or to overcome a threat to public health.

332   Directions concerning damage caused by straying stock

The Minister may, by order in writing served on any landholder, direct the landholder to take specified measures:
(a)  to prevent stock from straying from the landholder’s land into or onto a water management work that is owned by, or is under the control or management of, the Ministerial Corporation, or
(b)  to repair any damage caused to any such water management work as a consequence of stock having strayed from the landholder’s land.

333   Directions to protect water sources

(1)  This section applies if the Minister is of the opinion that:
(a)  the construction or use of a water management work, or
(b)  a controlled activity or aquifer interference activity,
is having, has had, or is likely to have, an adverse effect on a water source or waterfront land.
(2)  The Minister may, by order in writing served on:
(a)  the person having control or management of the water management work, or
(b)  the person who has carried out, is carrying out or proposes to carry out the controlled activity or aquifer interference activity,
direct the person to take specified measures to prevent, minimise or mitigate any adverse effect on the water source or waterfront land as a consequence of the construction or use of the work or the carrying out of the activity.
(3)  Without limiting subsection (2), the measures that may be specified in a direction under this section include:
(a)  a direction to repair any damage caused by the construction or use of the water management work or the carrying out of the controlled activity or aquifer interference activity, and
(b)  a direction to rehabilitate any water source or waterfront land that has been adversely affected by the construction or use of the water management work or the carrying out of the controlled activity or aquifer interference activity, and
(c)  a direction to ensure that the construction or use of the water management work, or the carrying out of the controlled activity or aquifer interference activity, will not in future adversely affect any water source or waterfront land.
(4)  Without limiting subsection (2):
(a)  the person who, at the time of the construction or use of a water management work to which this section applies, was the landholder on whose land the work was situated is taken to have control and management of the work, and
(b)  the landholder on whose land a water management work is situated, or is proposed to be situated, is taken to have control and management of the work, and
(c)  the person who, at the time a controlled activity or aquifer interference activity to which this section applies, was the landholder on whose land the activity was carried out is taken to be carrying out the activity, and
(d)  the landholder on whose land a controlled activity or aquifer interference activity is carried out, or is proposed to be carried out, is taken to be carrying out the activity.

334   Directions to prepare reports

(1)  A direction served on a person under this Part may require the person to prepare, and submit to the Minister, reports as to any of the following:
(a)  the measures the person proposes to take for the purpose of complying with the direction,
(b)  the progress made by the person in implementing any such measures.
(2)  The direction may also prohibit the person from implementing any such measures until they have been approved by the Minister.
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