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Water Conservation Order:
Any person may apply to the Minister for the Environment for a Water Conservation Order. An order aims to recognise the outstanding amenity or intrinsic values that water provides, in either a natural or modified state. Orders may be applied over rivers, lakes, streams, ponds, wetlands, or aquifers, and can cover freshwater or geothermal water. If granted by the Minister, a Water Conservation Order can restrict or prohibit water ‘takes’, discharges and other uses of the water.
Water Conservation Orders can be used to preserve that natural state or protect characteristics such as:
the water body's value as a habitat or fishery its wild and scenic nature its value for recreational, historic, spiritual, cultural or scenic purposes. A water body may also hold particular significance for Maori.
Applications to the Minister must set out the reasons for the application. If the Minister accepts the application then he or she must appoint a special tribunal to hear and report on the application. The special tribunal then publicly notifies the application and calls for submissions.
Submissions must be lodged within 20 working days of the public notice unless a later date is set. Any person may make a submission to the special tribunal.
The tribunal then holds a hearing and prepares a report on the application, which will include either a draft Water Conservation Order or a recommendation that the application be declined. This report is sent to the applicant, the Minister, the relevant local and iwi authorities, and every submitter. Anyone who made a submission has a further right of submission to the Environment Court on the special tribunal's report. The Environment Court must hold an inquiry if it receives one or more submissions.
If there is such an application to the Environment Court, once it has completed its inquiry, the Environment Court makes a report to the Minister recommending that the special tribunal's report be accepted or rejected with or without modifications. The Minister must make a recommendation to the Governor-General in accordance with the report of the special tribunal or, if the Environment Court has held an inquiry, the report of the Environment Court.
If a Water Conservation Order is recommended, the Governor-General then makes the order — by order in council.
An order can prohibit or restrict a regional council issuing new water and discharge permits, although it can not affect existing permits. Regional policy statements, regional plans and district plans must be consistent with the provisions of a Water Conservation Order. (MFE) |