(1) Before an order under section 20W may be made, the Ministerial Corporation
shall prepare a volumetric water allocationsscheme, or a modification of such
a scheme, in respect of the water source to which it is proposed that the
order will, when made, apply.
(2) In preparing or modifying a scheme in
respect of a water source, the Ministerial Corporation:
(a) shall assess the
total quantity of water:
(i) that is likely to be available in each year for
apportionment among the holders of entitlements, and
(ii) that, in the
opinion of the Ministerial Corporation, should be reserved for other uses or
for future use, and
(b) shall then determine in respect of each entitlement
the maximum quantity of water which may, subject to this Division, be taken
from that water source in any year under the entitlement for the purpose or
purposes specified in the entitlement.
(3) The Ministerial Corporation may:
(a) fix differing quantities of water per hectare according to whether water
authorised to be taken from the water source under an entitlement may be used
for the purpose of irrigating orchards, vineyards, trees (other than trees in
orchards), lucerne, pasture, fodder crops, cereal crops or vegetables or crops
or plantings of any other description,
(b) fix differing quantities of water
according to whether water authorised to be taken from the water source under
an entitlement may be used for a purpose other than a purpose specified in
paragraph (a), and
(c) determine that in no case shall the maximum quantity
of water which may be taken from the water source in any year under any
entitlement exceed a quantity specified by the Ministerial Corporation.
(3A)
The Ministerial Corporation may, from time to time, vary any determination
made under subsection (3) (c) by increasing the quantity specified by it as
being the maximum quantity of water which may be taken from a water source in
any year under any entitlement.
(4) Subject to any determination in force
under subsection (3) (c):
(a) a determination under subsection (2) (b) in
respect of an entitlement may be made:
(i) in the case of an entitlement
issued for the purpose of irrigating a crop or planting of a class specified
in subsection (3) (a), by reference to the area of land which is authorised to
be irrigated under the entitlement and to such quantity as may be fixed under
subsection (3) (a) in respect of that class of crop or planting, and
(ii) in
the case of an entitlement issued for any purpose other than the irrigation of
a crop or planting of a class specified in subsection (3) (a), by reference to
such quantity as may be fixed under subsection (3) (b) in respect of that
purpose, and
(b) where water authorised to be taken from the water source
under an entitlement may be used for the purpose of irrigating two or more
classes of crops or plantings specified in subsection (3) (a) or for two or
more purposes, a maximum quantity of water may be determined under subsection
(2) (b) in respect of each of those classes or, as the case may be, each of
those purposes.
(5) As soon as practicable after the publication of an order
declaring a water source to be subject to a scheme, the Ministerial
Corporation shall, by notice in writing served on the holder of each
entitlement which authorises the taking of water from the water source, attach
to the entitlement a condition that, except where the operation of the
condition is suspended under section 20AA, on and from the date on which the
scheme commences and in respect of each year during which the scheme is in
force, not more than the maximum quantity of water determined in respect of
the entitlement under subsection (2) (b) and specified in the condition (as
may be modified from time to time under this Division) shall be taken from the
water source during any year under the entitlement for the purpose or purposes
specified in the entitlement.
(6) Service of a notice under subsection (5)
may be effected on a holder referred to in subsection (5):
(a) by delivering
the notice to the holder personally,
(b) by leaving the notice with any
person apparently of or above the age of 14 years who apparently resides or is
employed on the land of the holder, or
(c) by letter sent by post and
addressed to the holder at the holder's address last known to the Ministerial
Corporation.
(7) On the service of a notice under subsection (5), the
entitlement to which the notice relates shall be modified according to the
tenor of the notice.
(8) Where any order under section 20W declaring a
water source to be subject to a scheme has effect on and from a date falling
after the beginning of a year, the quantity of water determined under
subsection (2) (b) in respect of an entitlement, which authorises the taking
of water from that water source, shall, for that year, be deemed to be reduced
by the proportion that the part of that year which has elapsed at that date
bears to the whole of that year and the condition which is attached to the
entitlement in accordance with subsection (5) shall be construed accordingly.
(9) Notwithstanding anything in this Part, a determination made under
subsection (2) (b) in respect of an entitlement and a condition attached to
the entitlement in accordance with subsection (5) shall not be the subject of
an objection or appeal under this Part.