WATER ACT 2000 - SECT 1089A Conversion of existing authorities to take water

WATER ACT 2000 - SECT 1089A

1089A Conversion of existing authorities to take water

(1) This section applies if a former water board was authorised to deliver water to the holder of an authorisation in accordance with the instrument mentioned, for the board’s area, in the Water Resources (Areas and Boards) Regulation 2000 (repealed), schedule 5.

(2) Each authorisation that relates to a board mentioned in subsection (9), definition
"former water board" , paragraph (a), (b) or (d) is taken to be an interim water allocation, with the volume mentioned for the authorisation as a property allocation or an annual water entitlement in the instrument.

(3) An interim water allocation mentioned in subsection (2) attaches to the land described, for the authorisation to which it relates, in the instrument.

(4) The interim water allocation is taken to be held by—

(a) the person identified, for the authorisation, in the instrument; or

(b) if the person identified, for the authorisation, in the instrument has ceased to be the owner or occupier of all or part of the land to which the interim water allocation attaches—the registered owner or owners of the land; or

(c) if no person is identified for the authorisation, in the instrument—the registered owner or owners of the land to which the interim water allocation attaches.

(5) Each authorisation that relates to a board mentioned in subsection (9), definition
"former water board" , paragraph (c), is taken to be an interim water allocation with the volume mentioned, for the authorisation, as a nominal volume in attachment 3(a) of the Pioneer Draft Resource Operations Plan made available under section 100 on 2 August 2004.

(6) An interim water allocation mentioned in subsection (5) attaches to all or part of the land described in the instrument mentioned for the former water board’s area in the Water Resources (Areas and Boards) Regulation 2000 (repealed) with the farm ID identified for the authorisation in the instrument and in attachment 3(a).

(7) The interim water allocation is taken to be held by—

(a) if the person identified, for the authorisation, in attachment 3(a) has not ceased to be the owner or occupier of all or part of the land to which the interim water allocation attaches—the person identified, for the authorisation, in attachment 3(a); or

(b) if the person identified, for the authorisation, in attachment 3(a) has ceased to be the owner or occupier of all or part of the land to which the interim water allocation attaches—the registered owner or owners of the land.

(8) The provisions of the instruments mentioned in subsection (1) that deal with the delivery of water by a former water board continue to have effect.

(9) In this section—


"authorisation" means an authorisation to take water continued under section 1089(2).


"former water board" means each of the following former water boards continued in existence under section 1083(3)—

(a) Avondale Water Supply Board;

(b) Kelsey Creek Water Board;

(c) Pioneer Valley Water Board;

(d) Six Mile Creek Water Supply Board.