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WATER ACT 2007 - SECT 44

Minister may adopt Basin Plan

  (1)   Within 12 weeks after the Authority gives the Minister the Basin Plan, the Minister must:

  (a)   consider the Basin Plan; and

  (b)   either:

  (i)   adopt, in writing, the Basin Plan; or

  (ii)   give the Basin Plan back to the Authority with suggestions for consideration by the Authority.

  (2)   If the Minister gives the Basin Plan back to the Authority with suggestions, the Authority must:

  (a)   consider the suggestions; and

  (b)   undertake such consultations in relation to the suggestions as the Authority considers necessary or appropriate; and

  (c)   give the Minister either:

  (i)   an identical version of the Basin Plan; or

  (ii)   an altered version of the Basin Plan;

    together with the Authority's views on the Minister's suggestions; and

  (d)   prepare a document that summarises:

  (i)   any submissions it received in response to the consultations referred to in paragraph   (b); and

  (ii)   how it addressed those submissions; and

  (iii)   the extent (if any) to which its consideration of those submissions has affected the version or views given to the Minister under paragraph   (c); and

  (e)   publish on its website a copy of the document prepared under paragraph   (d).

  (3)   Within 6 weeks after the Authority gives the Minister a version of the Basin Plan under subsection   (2), the Minister:

  (a)   must consider that version of the Basin Plan and the views given to the Minister under subsection   (2); and

  (b)   must either:

  (i)   adopt, in writing, that version of the Basin Plan; or

  (ii)   direct the Authority, in writing, to make modifications to that version of the Basin Plan and give it to the Minister for adoption.

  (4)   A direction under subparagraph   (3)(b)(ii) is not a legislative instrument.

  (5)   The Minister must not give a direction under subparagraph   (3)(b)(ii) in relation to:

  (a)   any aspect of the Basin Plan that is of a factual or scientific nature; or

  (b)   without limiting paragraph   (a), any of the matters referred to in:

  (i)   items   1, 2, 3 or 8 of the table in subsection   22(1); or

  (ii)   subsection   75(1); or

  (iii)   subsection   81(2) or (3).

  (5A)   To avoid doubt, subsections   43A(5) and (8) do not affect the Minister's power to give suggestions or directions to the Authority under this section.

  (6)   If the Minister gives a direction under subparagraph   (3)(b)(ii):

  (a)   the Authority must comply with the direction; and

  (b)   the Minister must adopt, in writing, the Basin Plan given to the Minister in compliance with the direction.

  (7)   When the Basin Plan is laid before a House of the Parliament under the Legislation Act 2003 , the Minister must also lay before that House a document that sets out:

  (a)   any direction the Minister gave under subparagraph   (3)(b)(ii) in relation to the Basin Plan; and

  (b)   the Minister's reasons for giving that direction.


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