WATER ACT 1912 - SECT 22BA Invalidation of applications for entitlements

WATER ACT 1912 - SECT 22BA

22BA Invalidation of applications for entitlements

(1) This section applies to a water source that is not the subject of a volumetric water allocations scheme under Division 4B if the Ministerial Corporation is satisfied that the water source is unlikely to have more water available than is sufficient to meet:

(a) the requirements of the persons already authorised by law to take water from the water source, and

(b) such other possible requirements for water from the water source as are determined by the Ministerial Corporation.

(2) The Ministerial Corporation may, by order published in the Gazette, declare that, until the order is revoked, an application for an entitlement to which the order applies may not be made after a specified date (being a date not earlier than the date of publication) if the entitlement would authorise the taking of water from a water source specified in the order that is a water source to which this section applies.

(3) An order may be made to apply:

(a) to a specified application for an entitlement,

(b) to all applications for entitlements,

(c) to a specified class of applications for entitlements, or

(d) to all applications for entitlements other than a specified application for an entitlement or a specified class of applications for entitlements.

(4) An order does not apply to an entitlement that would merely replace an existing entitlement and, for the purposes of this subsection, where land to which an entitlement relates is subdivided into parts, an application for an entitlement relating to one of the parts shall be deemed to be an application for an entitlement to replace an existing entitlement.

(5) If an application for an entitlement to which an order applies is made while the order is in force, the application is invalid and shall be rejected by the Ministerial Corporation.

(6) In this section:


"entitlement" means a licence, permit, authority or group licence.


"water source" means:

(a) a river, lake or section of a river, or

(b) a combination of 2 or more of them.