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GROUND WATER (QUALCO-SUNLANDS) CONTROL ACT 2000 - SCHEDULE 4

Schedule 4—Transitional provisions

Part 1—Transitional provisions

1—Membership of the Trust

        (1)         From the commencement of section 5 until the beginning of the 2000/2001 contribution year (the transitional period ) Part 2 of the Act applies subject to this clause.

        (2)         During the transitional period—

            (a)         those persons who were immediately before the commencement of section 5 members of the management committee of Qualco-Sunlands District Drainage Incorporated will (subject to resignation) be members of the Trust in addition to any persons who become members pursuant to section 5(2);

            (b)         a person who is a member of the Trust by virtue of paragraph (a) may resign by notice in writing to the Minister and the Minister may appoint any suitable person to fill the vacancy;

            (c)         a quorum for a meeting of the Trust will be determined by dividing the number of members by two, ignoring any fraction and adding one;

            (d)         a resolution of the Trust will be carried if the number of votes supporting the resolution exceeds the number of votes against it (if the number of votes are equal the deadlock will be resolved by the casting vote of the person presiding at the meeting);

            (e)         the value of votes implied by paragraph (d) cannot be changed by resolution of the Trust.

2—Permits in respect of wells

Where a permit under the Water Resources Act 1997 (the original permit) authorised an activity referred to in section 61 in the Scheme Area immediately before the commencement of that section the following provisions apply:

            (a)         the Trust will be taken to have granted a permit under section 62 to the holder of the original permit authorising the activity subject to the same conditions as the original permit; and

            (b)         the original permit will no longer authorise that activity in the Scheme Area.



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