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Local Government Act 1974

Divestment of land drainage schemes and water race schemes - Implementation of transfer plan

517ZF: Transfer of water permits

You could also call this:

"When a local council sells a water scheme, the rules for using the water are passed on to the new owner."

Illustration for Local Government Act 1974

When a local authority transfers a land drainage scheme or water race scheme, any permit they have to use water for the scheme is transferred to the new owner. You get the same permit with the same rules as before the transfer. The permit must also follow any other laws that apply to it.

If a local authority had a permit to dam a river or stream, or to take and use water, this permit is transferred to the new owner of the scheme. You have to follow the same terms and conditions as the local authority did before the transfer. The permit is still subject to other laws that relate to it, such as those found on the New Zealand legislation website.

The rules for the permit stay the same after it is transferred. You must still follow the same conditions as before. Other laws may also apply to the permit, and you must follow those laws as well.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM421802.

Topics:
Government and voting > Local councilsEnvironment and resources > Water and resources
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517ZE: Transfer of existing easements, etc, or

"What happens to existing rights over land when a local authority transfers a scheme"

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517ZG: Transfer of land, or

"Rules for councils when giving away or selling land for special water projects"

Part 29ADivestment of land drainage schemes and water race schemes
Implementation of transfer plan

517ZFTransfer of water permits

  1. Where a land drainage scheme or water race scheme is transferred by a local authority under this Part, any existing permit held by the local authority to dam any river or stream or to divert, take, use, or discharge water for the purposes of the scheme is deemed to be transferred to the person to whom, or the group of persons to which, the scheme is transferred.

  2. Every permit so transferred continues to be subject to the same terms and conditions as those to which it was subject immediately before the date of transfer.

  3. Every permit to which this section applies is subject to the provisions of any other enactment relating to it.

Compare
Notes
  • Section 517ZF: inserted, on , by section 11 of the Local Government Amendment Act (No 5) 1999 (1999 No 125).