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WATER RESOURCES ACT 1998 (NO. 63 OF 1998) - SECT 37 Transfer

WATER RESOURCES ACT 1998 (NO. 63 OF 1998) - SECT 37

Transfer

(1)     The holder of a licence to take water may, with the approval of the Authority, transfer the licence to another person.

(2)     The transfer of a licence to take water may be absolute or for a limited period.

(3)     The Authority shall not approve the transfer of a licence unless—

        (a)     the allocation or part allocation, as the case may be, including an interstate allocation, to which the licence relates is transferred to the transferee; or

        (b)     the Authority is satisfied that the water taken under the licence will be used by the transferee for the same purpose as the transferor and at the same place.

(4)     In deciding whether to approve a transfer of a licence to take water, the Authority shall take into account—

        (a)     the applicant's environmental record both in the Territory and elsewhere, including any action taken by the person for the purposes of this Act; and

        (b)     whether the person to whom the licence is to be transferred has been convicted of an offence against this Act or a corresponding law of a State or another Territory.