Water and Soil Conservation Amendment Act 1983
Water and Soil Conservation Amendment Act 1983
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Water and Soil Conservation Amendment Act 1983
Water and Soil Conservation Amendment Act 1983
Public Act |
1983 No 151 |
|
Date of assent |
16 December 1983 |
|
Contents
An Act to amend the Water and Soil Conservation Act 1967
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Water and Soil Conservation Amendment Act 1983, and shall be read together with and deemed part of the Water and Soil Conservation Act 1967 (hereinafter referred to as the principal Act).
(2)
Sections 2 to 7 of, and the Schedule to, this Act shall come into force on the 1st day of April 1984.
(3)
Except as provided in subsection (2) of this section, this Act shall come into force on the day on which it receives the Governor-General’s assent.
2 Water Resources Council dissolved
(1)
The Water Resources Council is hereby dissolved.
(2)
The principal Act is hereby amended in the manner indicated in the Schedule to this Act.
(3)
Part II of the First Schedule to the Public Bodies Contracts Act 1959 is hereby amended by omitting the item relating to the Water Resources Council.
(4)
Part II of the First Schedule to the Ombudsmen Act 1975 is hereby amended by omitting the words “The Water Resources Council”
.
(5)
Sections 2(2)(a), (b), and (d), 3, 5, 6, and 22 of the Water and Soil Conservation Amendment Act (No. 2) 1971 are hereby consequentially repealed.
(6)
After the commencement of this section, every reference to the Water Resources Council in any enactment or regulations or in any document whatever, unless the context otherwise requires, shall be read as a reference to the National Water and Soil Conservation Authority.
3 Constitution of National Water and Soil Conservation Authority
(1)
Section 5 of the principal Act is hereby amended by repealing subsection (1) (as substituted by section 2(1) of the Water and Soil Conservation Amendment Act 1972), and substituting the following subsection:
“(1)
The National Water and Soil Conservation Authority shall consist of—
“(a)
The Minister of Works and Development, who shall be the Chairman:
“(b)
One member who shall be appointed as the Deputy Chairman by the Governor-General on the advice of the Minister:
“(c)
Thirteen other members to be appointed by the Governor-General on the advice of the Minister, of which members—
“(i)
Two shall be so appointed after consultation by the Minister with the New Zealand Catchment Authorities Association Incorporated:
“(ii)
Two shall be so appointed after consultation by the Minister with the New Zealand Counties Association Incorporated:
“(iii)
Two shall be so appointed after consultation by the Minister with the Municipal Association of New Zealand Incorporated:
“(iv)
One shall be so appointed, after consultation by the Minister with the Minister of Maori Affairs, to represent the interests of the Maori people in relation to natural water:
“(v)
One shall be so appointed, after consultation by the Minister with the New Zealand Manufacturers’ Federation Incorporated, to represent the interests of industrial users of water:
“(vi)
One shall be so appointed after consultation by the Minister with the Federated Farmers of New Zealand Incorporated:
“(vii)
One shall be so appointed after consultation by the Minister with the New Zealand Land Drainage and River Boards Association Incorporated:
“(viii)
One shall be so appointed, after consultation by the Minister with the Minister of Internal Affairs, to represent wildlife interests in relation to natural water:
“(ix)
One shall be so appointed, after consultation by the Minister with the National Parks and Reserves Authority, the Nature Conservation Council, the Minister of Internal Affairs, and the Minister for the Environment, to represent scenic and recreational interests in relation to natural water:
“(x)
One shall be so appointed, after consultation by the Minister with the Minister of Fisheries, to represent fisheries interests.”
(2)
The said section 5 is hereby amended by repealing subsections (2) and (3).
(3)
Section 2 of the Water and Soil Conservation Amendment Act 1972 is hereby consequentially repealed.
(4)
Notwithstanding anything to the contrary in the principal Act but subject to subsections (5) and (6) of this section, every member of the Authority holding office immediately before the commencement of this section shall cease to hold office on the commencement of this section.
(5)
Any member ceasing to hold office under subsection (4) of this section may be appointed to the Authority under section 5(1) of the principal Act (as substituted by subsection (1) of this section).
(6)
If a committee of the Authority considering any application under section 20b of the principal Act has not made a recommendation to the Authority in respect of the application before the commencement of this section, every member of that committee shall for that purpose only be deemed to continue as a member of the Authority and of that committee until the recommendation has been made.
4 Repealing provision for deputies
Section 10 of the principal Act is hereby repealed.
5 Repealing provision relating to Soil Conservation and Rivers Control Council
(1)
Section 14(1) of the principal Act is hereby repealed.
(2)
Section 7 of the Water and Soil Conservation Amendment Act (No. 2) 1971 is hereby consequentially amended by repealing subsections (1) and (2).
6 Repealing provisions relating to apportionment of functions within Organisation
(1)
Section 15 of the principal Act is hereby repealed.
(2)
Section 8 of the Water and Soil Conservation Amendment Act (No. 2) 1971 is hereby consequentially repealed.
7 Application of Soil Conservation and Rivers Control Act 1941 to Authority’s functions under principal Act
Section 17 of the principal Act is hereby amended by omitting the words “this Act”
where they first occur, and substituting the words “that Act”
.
8 Functions, powers, etc., of Regional Water Boards
Section 20(5) of the principal Act is hereby amended by inserting, after paragraph (c), the following paragraph:
“(ca)
The promotion and carrying out of measures to safeguard natural water from damage or the risk of damage by or in respect of discharges into natural water of waste or natural water containing waste, including—
“(i)
Measures reasonably conducive to or intended to further or effect the prevention, detection, or control of such discharges not authorised by or under this Act or of such discharges otherwise than in accordance with the conditions, restrictions, or prohibitions under which they are so authorised; and
“(ii)
Measures to neutralise the effects of such discharges and to restore the quality of natural water.”
9 Inquiry by Planning Tribunal
Section 20c(4) of the principal Act (as so inserted) is hereby amended by inserting, after the word “Minister,”
, the words “the Authority,”
.
10 Appeal to Planning Tribunal
Section 20g(3) of the principal Act (as so inserted) is hereby amended by inserting, after the word “Minister,”
, the words “the Authority,”
.
11 Rights in respect of natural water
Section 21 of the principal Act is hereby amended by inserting, after subsection (1), the following subsections:
“(1a)
Notwithstanding anything in this or any other Act or in any rule of law, no person shall take or export from New Zealand any natural water obtained, under any right granted under this Act, to divert or take or use natural water without the prior written consent of the Minister.
“(1b)
Any consent under subsection (1a) of this section may be given subject to such terms and conditions (including payment to the Crown for the water) as the Minister thinks fit to impose after consultation with the Minister of Finance.”
12 General authority for use, etc., of natural water
Section 22(1) of the principal Act is hereby amended by inserting, after the words “waste thereinto,”
, the words “or by public notice authorise (with or without conditions) the discharge of stormwater into the sea,”
.
13 New sections as to costs substituted
(1)
The principal Act is hereby amended by repealing section 24k, and substituting the following sections:
“24k Costs of administering water rights, etc.
“(1)
Subject to the provisions of this section, the Board may in each year recover from the holder or user of any right such amount as it considers reasonable towards the costs incurred by the Board in the administration, monitoring, and supervision of the right, whether it was granted on application or otherwise authorised under this Act.
“(2)
The amount so recoverable by the Board in respect of any 1 right shall not exceed $10 unless the Board considers that recovery of a higher amount is justified owing to the effect the exercise of the right may have on the flows, levels, quality, or use of natural water.
“(3)
If the Board proposes to recover from the holder or user of a right an amount of more than $10, it shall notify the holder or user of the amount proposed to be recovered and the reasons for proposing to do so; and, in fixing the amount, shall take into account any comments made by the holder or user of the right.
“(4)
The provisions of sections 25 and 26 of this Act shall apply in respect of every decision of the Board under this section to charge an amount of more than $10 as if it were a decision under section 21 of this Act.
“(5)
Nothing in this section shall apply to the taking or use of any natural water that is reasonably required for domestic needs, the needs of animals, or for or in connection with firefighting purposes.
“24ka Grants to Board by Crown
The Minister may, from the Consolidated Account out of money appropriated by Parliament for the purpose, make a grant to the Board towards the costs incurred by the Board in the administration, monitoring, and supervision of any right exercised by the Crown.”
(2)
The Water and Soil Conservation Amendment Act 1977 is hereby consequentially repealed.
14 Repealing provisions as to powers of surveys and investigations
Section 26b of the principal Act (as inserted by section 17 of the Water and Soil Conservation Amendment Act (No. 2) 1971) is hereby repealed.
15 Increasing penalty for offences, etc.
(1)
The principal Act is hereby amended by repealing section 34, and substituting the following section:
“34
“(1)
Every person commits an offence against this Act who, otherwise than as authorised by or under this Act or otherwise than in accordance with an exception from the provisions of this Act,—
“(a)
Dams any river or stream; or
“(b)
Diverts any natural water or discharges any natural water into natural water; or
“(c)
Takes or uses any natural water; or
“(d)
Discharges any waste or natural water containing waste into any natural water; or
“(e)
Discharges waste or natural water containing waste on to land or into the ground in circumstances which result in that waste, or any other waste emanating as a result of natural processes from that waste, entering natural water; or
“(f)
Being the occupier of any land, causes or permits any waste, emanating as a result of natural processes from matter previously placed on or discharged on to the land or into the ground, to enter natural water; or
“(g)
Places or discharges, or causes or permits to be placed or discharged, any waste or natural water containing waste in a position where that waste, or any other waste emanating as a result of natural processes from that waste, is liable to fall or descend into, or to be washed or percolate into, or to be carried by wind, tide, or current into, any natural water; or
“(h)
Knowingly causes or permits any chemical, metallic, or organic wastes or any unsightly or odorous litter or refuse to enter any water that has been classified under section 26e of this Act.
“(2)
Every person commits an offence against this Act who acts in contravention of or fails to comply with any provision of this Act or of any direction, notice, order, or requirement given or made pursuant to this Act.
“(3)
Every person who commits an offence against subsection (1) of this section is liable on summary conviction to a fine not exceeding $150,000 and, if the offence is a continuing one, to a further fine not exceeding $10,000 for every day or part of a day during which the offence has continued.
“(4)
Every person who commits an offence against this Act for which no penalty is provided elsewhere than in this subsection is liable on summary conviction to a fine not exceeding $2,000 and, if the offence is a continuing one, to a further fine not exceeding $200 for every day or part of a day during which the offence has continued.
“(5)
Where any person is convicted of an offence against this Act or against any regulations in force under this Act involving the discharge or entry of waste into natural water, the Court shall take into account, in determining the amount of any fine imposed, any costs reasonably incurred by any body or person—
“(a)
In removing, burying, or otherwise disposing of or neutralising the effects of any discharge which gave rise to the offence; and
“(b)
In or towards restoring the natural water to the state it was in before the discharge or entry which gave rise to the offence occurred, including the replenishment of fisheries—
and (if section 103 of the Public Finance Act 1977 is not applicable in respect of the body or person) the Court may direct that such portion of the fine as the Court considers proper shall be paid to that body or person to cover the costs so incurred.
“(6)
Without limiting the liability of any person to be convicted of an offence under this Act, any District Court shall have jurisdiction to restrain any act or threatened act which amounts or could amount to an offence under this Act by injunction at the instance of the Board, and to make such order in the matter as to costs and otherwise as it thinks fit.”
(2)
Section 6 of the Synthetic Fuels Plant (Effluent Disposal) Empowering Act 1983 is hereby repealed.
(3)
The following enactments are hereby consequentially repealed:
(a)
Section 3 of the Water and Soil Conservation Amendment Act 1968:
(b)
Section 40 of the Water and Soil Conservation Amendment Act 1971:
(c)
Section 18 of the Water and Soil Conservation Amendment Act (No. 2) 1971:
(d)
Section 5 of the Water and Soil Conservation Amendment Act 1976.
16 Power to order contravention to be remedied
(1)
Section 34b(1) of the principal Act (as inserted by section 19 of the Water and Soil Conservation Amendment Act (No. 2) 1971) is hereby amended by inserting, after the words “bylaws made under this Act”
, the words “or with any term or condition of a right granted under this Act”
.
(2)
Section 34b(2) of the principal Act (as so inserted) is hereby amended—
(a)
By inserting, after the word “provision,”
where it first occurs, the words “or with any such term or condition”
:
(b)
By omitting from paragraph (a) the words “or provision”
, and substituting the words “provision, term, or condition”
.
17 Recovery of costs for restoration
The principal Act is hereby amended by inserting, after section 34b, the following section:
“34c
If any person, otherwise than as authorised by or under this Act or otherwise than in accordance with an exception from the provisions of this Act,—
“(a)
Discharges any waste or natural water containing waste into natural water; or
“(b)
Discharges waste or natural water containing waste on to land or into the ground in circumstances which result in that waste, or any other waste emanating as a result of natural processes from that waste, entering natural water; or
“(c)
Being the occupier of any land, causes or permits any waste, emanating as a result of natural processes from matter previously placed on or discharged on to the land or into the ground, to enter natural water; or
“(d)
Places or discharges, or causes or permits to be placed or discharged, any waste or natural water containing waste in a position where that waste, or any other waste emanating as a result of natural processes from that waste, is liable to fall or descend into, or to be washed or percolate into, or to be carried by wind, tide, or current into, any natural water; or
“(e)
Knowingly causes or permits any chemical, metallic, or organic wastes or any unsightly or odorous litter or refuse to enter any water that has been classified under section 26e of this Act—
then, whether or not that person has been convicted of an offence under section 34 of this Act, the amount of all expenditure reasonably incurred by the Board—
“(f)
In removing, burying, or otherwise disposing of or neutralising the effects of the discharge or entry; and
“(g)
In or towards restoring the natural water to the state it was in before the discharge or entry occurred, including the replenishment of fisheries—
shall constitute a debt payable by that person to the Board and shall be recoverable accordingly.”
18 New sections inserted
The principal Act is hereby amended by inserting, after section 34c (as inserted by section 17 of this Act), the following sections:
“34d Power to carry out surveys and investigations
“(1)
Subject to the provisions of this section, of sections 34e and 34f of this Act, and of any other Act, any person authorised either specifically or generally by the Authority or the Board, as the case may require, may—
“(a)
For the purposes of any investigation, under section 26a of this Act, require any person to furnish such information and returns as may be reasonably necessary in respect of the discharge of waste into natural water and the quality of natural water:
“(b)
For the purposes of any such investigation, and for the purposes of ascertaining whether the terms and conditions of any right or authorisation under this Act or of any direction, notice, order, or requirement given or made under this Act are being complied with, and for the purposes of ascertaining whether an offence against section 34(1) of this Act is being or has been committed or is about to be committed—
“(i)
Make such surveys, investigations, tests, and measurements as may be necessary for those purposes:
“(ii)
Enter and re-enter any land at reasonable times with such assistants, boats, vehicles, appliances, machinery, and equipment as are reasonably necessary for the purposes of such surveys, investigations, tests, and measurements:
“(iii)
Take samples of natural water:
“(iv)
Generally do all other things as are reasonably necessary to enable any such survey, investigation, test, or measurement to be carried out.
“(2)
Every authority granted under subsection (1) of this section shall be written and shall contain—
“(a)
A reference to this section;
“(b)
The full name of the authorised person; and
“(c)
A statement of the powers conferred on the authorised person by subsection (1) of this section.
“(3)
Every person commits an offence against this Act who, without lawful excuse,—
“(a)
Obstructs any person in the exercise of any powers conferred on that person under subsection (1) of this section; or
“(b)
Fails to comply with any requirement under subsection (1)(a) of this section to furnish any information or return in respect of the discharge of waste into natural water or the quality of natural water.
“(4)
Every person shall have the same privileges in relation to—
“(a)
The furnishing to any authorised person of any information and returns; and
“(b)
The answering of questions put by an authorised person—
under this section as witnesses have in Courts of law.
“34e Provisions applying in respect of entry, etc.
“(1)
Nothing in section 34d of this Act shall authorise the Authority, the Board, or any authorised person to enter any building or any land appurtenant to a dwelling and used wholly or principally for the purposes of the household of the occupier of the dwelling.
“(2)
Subject to subsection (3) of this section, if practicable, before the power of entry conferred by section 34d(1)(b)(ii) of this Act is exercised, an officer of the Authority or Board, as the case may be, or the authorised person, shall give to the occupier of the land affected reasonable oral or written notice specifying—
“(a)
That entry on to the land is authorised by section 34d of this Act;
“(b)
The purpose for which entry is required; and
“(c)
How and when entry is to be made.
“(3)
It shall not be necessary to give notice under subsection (2) of this section if the Authority or Board or authorised person, as the case may be, has reasonable cause to believe that an offence against section 34(1) of this Act is being or has been committed or is about to be committed.
“(4)
If entry is made on to any land under section 34d of this Act without notice and the occupier is not present during the period of entry, written advice of the making of entry and of the purpose of entry shall be given to the occupier as soon as practicable after entry.
“(5)
Every person exercising any power of entry under section 34d of this Act shall have with him the appropriate written authorisation, and evidence of his identity, and shall produce them to the occupier of the land—
“(a)
If practicable, on first entering the land; and
“(b)
Whenever subsequently reasonably required to do so by the occupier.
“34f Compensation for damage
“(1)
Every person having any estate or interest in land injuriously affected by the exercise of any power under section 34d of this Act, and every other person suffering any damage as a result of the exercise of any such power, shall be entitled to compensation from the Minister in any case where the power is exercised by or under the authority of the Authority, and from the Board in any case where it is exercised by or under the authority of the Board.
“(2)
Any such compensation shall be claimed and shall be determined in accordance with Part V of the Public Works Act 1981; and the provisions of that Act, so far as they are applicable and with the necessary modifications, shall apply accordingly.”
19 Increasing penalty for breach of bylaws relating to underground water
Section 8(1) of the Water and Soil Conservation Amendment Act 1973 is hereby amended—
(a)
By omitting from paragraph (a) the expression “$2,000”
, and substituting the expression “$20,000”
:
(b)
By omitting from paragraph (a) the expression “$100”
, and substituting the expression “$1,000”
:
(c)
By omitting from paragraph (b) the expression “$100”
, and substituting the expression “$1,000”
.
(d)
By omitting from paragraph (b) the expression “$10”
, and substituting the expression “$100”
.
Schedule Amendments to Principal Act
Section 2(2)
| Provision Amended | Amendment |
|---|---|
| Section 2(1) | By omitting from the definition of the term “Board”the words “Water Resources Council”, and substituting the words “Authority”. |
By repealing the definition of the term “Council”. | |
By repealing the definition of the term “Organisation”. | |
| Section 4 |
By repealing subsection (1), and substituting the following subsection: “(1) In addition to every other body which is required to perform any functions under this Act, for the purposes of this Act there shall continue to be a body known as the National Water and Soil Conservation Authority.” |
| By repealing subsection (4)(a). | |
| Section 7 | By repealing this section. |
| Section 9(1) | By omitting the words “or of the Water Resources Council”. |
| Section 9(2) | By omitting the words “or of the Water Resources Council”. |
| Section 9(3) | By omitting the words “or of the Water Resources Council”. |
| Section 9(4) | By omitting the words “and of the Water Resources Council”. |
| Section 11 | By omitting the words “or of the Water Resources Council”. |
By omitting the words “or Council”in both places where they occur. | |
| Section 12 |
By repealing subsections (1) and (2), and substituting the following subsections: “(1) Meetings of the Authority shall be held at such times and places as the Authority or its Chairman from time to time determines. “(2) At every meeting of the Authority 8 members shall form a quorum.” |
By omitting from subsection (4) the words “or of the Water Resources Council”. | |
By omitting from subsection (5) the words “and the Water Resources Council may each”, and substituting the word “may”. | |
| Section 13(1) | By omitting the words “and the Water Resources Council may each”, and substituting the word “may”. |
| Section 13(2) | By omitting the words “or Council”. |
| Section 16(1) | By omitting the words “, and any Council may subdelegate, resume, or again subdelegate”. |
By omitting the words “in each case”. | |
By omitting the words “to any Council, or”. | |
By omitting the words “or Council”. | |
| Section 16(3) | By omitting the word “Council,”. |
| Section 16(4) | By omitting the words “or Council”. |
By omitting the words “the Council,”. | |
| Section 24(1) | By omitting the words “Any Council”, and substituting the words “The Authority”. |
| Section 24(4) | By omitting the words “Any Council”, and substituting the words “The Authority”. |
| Section 26a(1) (as inserted by section 17 of the Water and Soil Conservation Amendment Act (No. 2) 1971) | By omitting the words “the Water Resources Council,”. |
By omitting from paragraph (h) the word “, Council,”. | |
| Section 26a(2) (as so inserted) | By omitting the word “, Council,”. |
| Section 26c(1) (as so inserted) | By omitting the words “Water Resources Council”, and substituting the word “Authority”. |
| Section 26c(5) (as substituted by section 22 of the Water and Soil Conservation Amendment Act 1973) | By omitting the word “Council”, and substituting the word “Authority”. |
| Section 26d(1) (as so inserted) | By omitting the words “Water Resources Council”, and substituting the word “Authority”. |
By omitting the words “the Council”in both places where they occur, and substituting in each case the words “the Authority”. | |
| Section 26e(1) (as so inserted) | By omitting the words “Water Resources Council”, and substituting the word “Authority”. |
| Section 26e(2) (as so inserted) | By omitting the word “Council”, and substituting the word “Authority”. |
| Section 26f (as so inserted) | By omitting the word “Council”in both places where it occurs, and substituting in each case the word “Authority”. |
| Section 26g(3) (as so inserted) | By omitting the words “, the Water Resources Council,”. |
| Section 26i (as so inserted) | By omitting the words “Water Resources Council”, and substituting the word “Authority”. |
| Section 26ia (as inserted by section 24 of the Water and Soil Conservation Amendment Act 1973) | By omitting the words “Water Resources Council”, and substituting the word “Authority”. |
| Section 27(1) | By omitting the words “Every Council, Board,”, and substituting the words “Every Board”. |
By omitting the words “or any other Council”. | |
By omitting the words “Council, Board,”, and substituting the word “Board”. | |
By omitting the words “or Council requiring the information”. | |
| Section 28(1) | By omitting the words “or any Council”. |
| Section 28(2) | By omitting the words “or any Council”. |
| Section 29(1) | By omitting the words, “the Water Resources Council,”. |
| Section 29(2) | By omitting the words “and of the Water Resources Council”. |
By omitting the words “or of that Council”. | |
By omitting the words “and that Council”. | |
| Section 30 | By omitting the words “and the Water Resources Council”in both places where they occur. |
By omitting the word “their”, and substituting the word “its”. | |
| Section 31 | By omitting the words “Council or”. |
| Section 32(1) | By omitting the words “Council or”. |
| Section 34b(1) (as inserted by section 19 of the Water and Soil Conservation Amendment Act (No. 2) 1971) | By omitting the words “or a Council”. |
| Section 37(1)(c) | By omitting the words, “the Water Resources Council,”. |
This Act is administered in the Ministry of Works and Development.
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Water and Soil Conservation Amendment Act 1983
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