(1) For the purpose of the scheme, the Minister may, by gazette notice (a
"transfer notice" ), do any of the following—
(a) replace a relevant
authority with—
(i) 1 or more authorities to take water; or
(ii) 1 or more
authorities to take and interfere with water; or
(iii) 1 or more authorities
to take water and 1 or more authorities to take and interfere with water;
(b)
transfer an authority mentioned in paragraph (a)(i), (ii) or (iii) from a
transferring entity to a receiving entity;
(c) transfer a limited water
authority from a transferring entity to a receiving entity;
(d) replace a
limited authority with 2 or more authorities to take water;
(e) transfer an
authority to take water mentioned in paragraph (d) from a transferring entity
to a receiving entity;
(f) impose requirements on any of the authorities
replaced or transferred under this section, including requirements about—
(i) the volume of water that may be taken under the authority by a receiving
entity; and
(ii) the purpose for which the water taken under the authority by
a receiving entity may be used;
(g) make provision about the application of
instruments to a transferring entity or receiving entity including—
(i)
whether the transferring entity or receiving entity is a party to an
instrument; and
(ii) whether an instrument is taken to have been made by the
transferring entity or receiving entity, or given to, by or in favour of the
transferring entity or receiving entity; and
(iii) whether a reference to an
entity in an instrument is a reference to the transferring entity or receiving
entity; and
(iv) whether, under an instrument, an amount is or may become
payable to or by the transferring entity or receiving entity, or other
property is, or may be, transferred to or by the transferring entity or
receiving entity; and
(v) make provision about an incidental, consequential
or supplemental matter the Minister considers necessary or convenient for
effectively carrying out the scheme.
(2) Subsection (3) applies if a relevant
authority or a limited authority is, under a transfer notice, replaced with 1
or more other authorities to take or interfere with water (each a
"new authority" ).
(3) The Minister must be satisfied the conditions under
which water may be taken or interfered with under the new authorities are at
least as restrictive as the cumulative effect of the conditions on the
relevant authority or limited authority.
(4) Without limiting subsection (3),
the conditions under which water may be taken or interfered with under the new
authorities must not—
(a) increase the total amount of water that may be
taken; or
(b) increase the rate at which water may be taken; or
(c) change
the flow conditions under which water may be taken; or
(d) increase the
interference with the flow of water.
