Page 2940 - Week 09 - Thursday, 18 August 2005

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(b) the person holds or held a licence under section 35 to take ground water under the land; and

(2) The operation of section 28 (1) to (10) is not suspended in relation to a grant of a water allocation to a water supply utility.

(3) The operation of section 28 (1) to (10) is not suspended in relation to a grant of a water allocation if the allocation is granted under a court or tribunal order made in a proceeding started before the commencement of this section.

(4) The operation of section 35 (1) to (4) is not suspended in relation to an application for a licence to take ground water under particular land (a new licence) if—

(d) the applicant holds or held a licence under section 35 to take ground water under the land; and

(e) the land is the subject of a further lease of territory land granted after the commencement of section 13.

(5) The operation of section 35 (1) to (4) is not suspended in relation to an application for a licence to take ground water under particular land if—

(f) the applicant holds a licence under section 35 to take ground water under the land (the existing licence); and

(g) the application is for a new licence to take a volume of ground water under the land that is not more than the volume of water stated in the existing licence; and

(h) the new licence would have effect after the end of the term of the existing licence.

(6) The operation of section 35 (1) to (4) is not suspended in relation to an application for a licence to take surface water from a particular place (a new licence) if—

(i) the applicant holds a licence under section 35 to take surface water from the place (the existing licence); and

(j) the application is for a new licence to take a volume of surface water from the place that is not more than the volume of water stated in the existing licence; and

(k) the new licence would have effect after the end of the term of the existing licence.

(7) The operation of section 35 (1) to (4) is not suspended in relation to an application by a water supply utility for a licence to take water.

(8) The operation of section 35 (1) to (4) is not suspended in relation to an application for a licence to take water if the licence is granted under a court or tribunal order made in a proceeding started before the commencement of this section.

(9) The operation of section 44 (1) and (2) is not suspended in relation to an application for a bore construction permit by an applicant who—

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