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WATER ACT 1989 - SECT 216

Approval of schemes

S. 216(1) amended by No. 52/1998
s. 311(Sch. 1 item 105.28).

    (1)     At least 6 weeks after the notice required by section 215(2) is published, and after any applications to the Tribunal have been determined, the Minister may by Order published in the Government Gazette and in a newspaper circulating generally in the area affected—

        (a)     declare the scheme to be an approved scheme; and

S. 216(1)(b) amended by No. 12/1996 s. 11(1).

        (b)     nominate the Authorities or, with its or their agreement, the council or councils responsible for implementing the scheme.

S. 216(2) amended by Nos 12/1996 s. 11(2), 46/1998
s. 7(Sch. 1), 28/2014 s. 19.

    (2)     After an Order has been published, an Authority or council nominated in the Order must notify the Secretary to the Department of Transport, Planning and Local Infrastructure and all responsible authorities under the Planning and Environment Act 1987 that are likely to be affected by the scheme.

    (3)     A responsible authority referred to in subsection (2) must, in relation to any planning scheme, have regard to the provisions of the approved scheme.

    (4)     Any area that benefits from or is affected by the scheme may be identified in the Order as an area for which the Authority may, in accordance with Part 13, impose fees under a tariff or require contributions from other Authorities or councils under Part 13 to fund the scheme.

    (5)     The period (if limited) for which the tariff may be imposed must be specified in the Order.

S. 217 amended by Nos 12/1996 s. 11(3), 52/1998
s. 311(Sch. 1 item 105.28).



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