Lake Wanaka Preservation Act 1973

1: Short Title
This Act may be cited as the Lake Wanaka Preservation Act 1973.
2: Interpretation
In this Act, unless the context otherwise requires,— emergency lake natural state works
3: Act to bind the Crown
This Act shall bind the Crown.
4: Purposes of Act
The purposes of this Act are—
a: to prevent the water in the body of the lake from being impounded or controlled by, or, as far as possible, obstructed by, any works except in an emergency:
b: to prevent the natural rate of flow of lake water between the outlet of the lake which forms the source of the Clutha River and the confluence of that river and the Cardrona River from being varied or controlled by any works except in an emergency:
c: to preserve, as far as possible, the water levels of the lake and its shoreline in their natural state:
d: to maintain and, as far as possible, to improve the quality of water in the lake.
5: Guardians of Lake Wanaka
1: The Minister of Conservation the Minister the Minister
1A: The persons appointed to be Guardians must include a person nominated by Te Rūnanga o Ngāi Tahu (as established under section 6
2: The functions of the Guardians of Lake Wanaka shall be—
a: generally, to report and make recommendations to the Minister of Conservation of Conservation
b: in particular—
i: to declare as an emergency any state of affairs existing when the lake water appears likely to attain such a level as to cause loss or damage to human life, livestock, or property by flooding:
ii: to consult the Otago Regional Council Otago Regional Council of Conservation
iii: to give advice to the Minister of Conservation the Minister section 11 Section 5(1) amended 16 December 1988 Lake Wanaka Preservation Amendment Act (No 2) 1988 Section 5(1) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 5(1A) inserted 22 October 1998 section 275(1) Ngāi Tahu Claims Settlement Act 1998 Section 5(2)(a) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 5(2)(b)(ii) amended 1 November 1989 Local Government (Otago Region) Reorganisation Order 1989 Gazette Section 5(2)(b)(ii) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 5(2)(b)(iii) amended 16 December 1988 Lake Wanaka Preservation Amendment Act (No 2) 1988 Section 5(2)(b)(iii) amended 1 April 1987 section 65(1) Conservation Act 1987
6: Lake levels not to be controlled
1: Notwithstanding anything to the contrary in the Public Works Act 1981 Resource Management Act 1991 Electricity Act 1992 section 7
a: no person shall, except for the duration of an emergency, impound or control the water in the body of the lake by any works:
b: no person shall, except for the duration of an emergency, build, construct, erect, or excavate any works which could measurably increase or decrease the natural rate of flow of lake water between the outlet of the lake which forms the source of the Clutha River and the confluence of that river and the Cardrona River.
2: Where, under subsection (1), any works are built, constructed, erected, or excavated for the duration of an emergency, then forthwith on the abatement of that emergency, those works shall be removed or, as the case may require, filled.
3: Nothing in paragraph (b) of subsection (1) shall be construed to affect the control of Lake Hawea, the Hawea River, or any works existing at the commencement of this Act between Lake Hawea and the confluence of the Hawea River and the Clutha River. Section 6(1) amended 1 April 1992 section 173(1) Electricity Act 1992 Section 6(1) amended 1 October 1991 section 362 Resource Management Act 1991 Section 6(1) amended 1 February 1982 section 248(1) Public Works Act 1981
7: Existing rights to remain
Where, at the commencement of this Act, there exists any right or power vested, authorised, or conferred by or granted pursuant to any other Act which will allow the holder to take water from the lake, or discharge water or any other substance (whether dissolved or suspended in water or not) into the lake, or disturb or alter the shoreline of the lake, then that right or power shall continue and may be exercised in the same manner and to the same extent as if this Act had not been passed, but the holder shall, in so exercising the right or power, have regard to the purposes of this Act.
8: Otago Regional Council
1: In the exercise of its functions under the Resource Management Act 1991 Otago Regional Council of Conservation
2: Section 8 heading amended 1 November 1989 Local Government (Otago Region) Reorganisation Order 1989 Gazette Section 8(1) amended 1 October 1991 section 362 Resource Management Act 1991 Section 8(1) amended 1 November 1989 Local Government (Otago Region) Reorganisation Order 1989 Gazette Section 8(1) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 8(2) repealed 1 April 1988 Lake Wanaka Preservation Amendment Act 1988
9: Reserve and Domain Boards to implement policy of the Government
1: This section shall apply to a public reserve (within the meaning of the Reserves Act 1977
2: In the exercise of its functions, the administering body (within the meaning of the Reserves Act 1977 Minister of Conservation Director-General of Conservation Section 9(1) amended 1 April 1978 section 125(1) Reserves Act 1977 Section 9(2) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 9(2) amended 1 April 1978 section 125(1) Reserves Act 1977
10: Communications of Ministers to be laid before Parliament
A copy of every communication made under subsection (1) of section 8 section 9
11: Harbour works on lake restricted
No regional council shall grant a resource consent under the Resource Management Act 1991 section 13 section 14
a: seeking the advice of the Guardians of Lake Wanaka on the proposed activity concerned, and considering all advice received from them within a reasonable time of its being sought; and
b: having regard to the purposes of this Act. Section 11 replaced 1 October 1991 section 362 Resource Management Act 1991
12: No derogation from provisions of Act
No provision of any Act shall derogate from the provisions of this Act unless that provision expressly so provides.