(2) If the Ministerial
Corporation agrees and subsection (3) is complied with, the Ministerial
Corporation may accept and consider an application by a transferor or
transferee for the transfer of a water allocation by way of an appropriate
modification under section 20XA of the conditions to which the entitlements of
the transferor and transferee are subject.
(3) This subsection is complied
with in relation to an application referred to in subsection (2) if:
(a) the
application is for a temporary transfer for a period of not more than 3 years
or, if some other period is prescribed for the purposes of this paragraph, the
period so prescribed,
(b) the transfer will be to the holder of an existing
entitlement,
(c) the period for which the transfer is to be effected does
not, when aggregated with the period or periods for which any other transfer
or transfers obtained by the transferee under subsection (2), exceed 3 years
or any other period prescribed for the purposes of paragraph (a), and
(d) the
application is made in a form approved by the Ministerial Corporation.
(3A)
Subsection (3) (c) does not apply in relation to an application referred to in
subsection (2) if the Ministerial Corporation is satisfied that the
water allocation to which the application relates will be used in accordance
with a farm water management plan approved by the Ministerial Corporation.
(3B) A farm water management plan must include details concerning the
following matters:
(b) existing
and proposed surface and sub-surface drainage patterns,
(c) existing and
proposed irrigation and water reticulation patterns,
(d) any proposed removal
of vegetation,
(e) current groundwater levels,
(f) current soil types,
(g)
levels of water consumption and water usage patterns during the previous 5
year period,
(h) such other matters as the regulations require.
(3C) Before
approving a farm water management plan in relation to a proposed transfer that
in its opinion involves a significant increase in water consumption by the
transferee above the water allocation for the transferee's entitlement, the
Ministerial Corporation:
(a) must cause information as to where and when the
plan may be inspected to be advertised in a manner that the Ministerial
Corporation is satisfied is likely to bring that information to the attention
of members of the public in the locality of the transferee, and
(b) must give
persons in that locality a reasonable opportunity to inspect the plan and to
make written submissions to the Ministerial Corporation with respect to the
plan, and
(c) must have regard to any submission that is duly made.
(3D) The
reference in subsection (3) (c) to any other transfer or transfers does not
include a reference to any other transfer that, because of a deemed reduction
under section 20Z in the water allocation for the transferee's entitlement,
has merely maintained the transferee's consumption of water at or below the
level of the water allocation for that entitlement.
(3E) The taking and using
of any water pursuant to a temporary transfer referred to in this section must
be in accordance with the relevant farm water management plan (if any)
approved by the Ministerial Corporation. Compliance with the plan is a
condition of the entitlement to which the relevant water allocation is
transferred.
(4) The Ministerial Corporation may, in relation to an
application for a transfer:
(a) require the transferor to provide such
information and consents, and
(b) require the transferee to provide such
information and evidence,
as are specified by the Ministerial Corporation.
(5) A requirement under subsection (4) may be complied with in any manner
acceptable to the Ministerial Corporation but the Ministerial Corporation may
decline to proceed with consideration of the application until the requirement
is complied with.
(6) In determining whether or not to approve a transfer,
the Ministerial Corporation may take into consideration such matters as it
thinks fit including (without limiting the matters that may be considered) its
opinion as to the social and economic effect that the transfer would have if
approved.
