WATER MANAGEMENT ACT 2000 - SECT 79
Compulsory acquisition of access licences
WATER MANAGEMENT ACT 2000 - SECT 79
Compulsory acquisition of access licences
79 Compulsory acquisition of access licences
(1) The Minister may, by notice
in writing served on their holders, compulsorily acquire access licences if of
the opinion that, in the special circumstances of the case, the public
interest requires their compulsory acquisition.
(2) A person from whom an
access licence is compulsorily acquired under subsection (1) is entitled to
compensation from the State for the market value of the licence as at the time
it was compulsorily acquired.
(3) The amount of compensation payable is to be
determined by agreement between the Minister and the person entitled to
compensation or, if agreement cannot be reached, is to be determined by the
Valuer-General.
(4) A person who is dissatisfied with the amount of
compensation offered to the person under this section, or with any delay in
the payment of compensation, may appeal to the Land and Environment Court.
(5) The regulations may make provision for or with respect to the payment of
compensation under this section.
(6) Nothing in this section prevents the
Ministerial Corporation from acquiring an access licence by way of transfer.
(7) For the avoidance of doubt, it is declared that a reduction of the water
entitlements and allocations under an access licence as a consequence of a
variation in the mandatory conditions of the licence does not constitute the
compulsory acquisition of an access licence or any part of an access licence.
