WATER AND OTHER LEGISLATION AMENDMENT ACT 2005 No. 19 - SECT 74 74 Replacement of s 198 (Effect of disposal of part of land to which interim water allocation attaches)

WATER AND OTHER LEGISLATION AMENDMENT ACT 2005 No. 19 - SECT 74

Section 198--

omit, insert--

'(1) This section applies if--

(a) an interim water allocation is attached to land; and

(b) the registered owner of the land disposes of part of the land.

'(2) On the day the owner disposes of the part, the interim water allocation is taken to be held jointly by all owners of the land to which the interim water allocation related before the disposal.

'(3) However, within 60 business days after the owner disposes of the part, 1 or more of the owners of the land to which the interim water allocation relates may, with the consent of the other owners, apply for 1 or more interim water allocations to replace the jointly held interim water allocation.

'(4) The application must be--

(a) in the approved form; and

(b) accompanied by the fee prescribed under a regulation.

'(5) The chief executive must grant the application if--

(a) the application relates only to land to which the jointly held interim water allocation relates; and

(b) granting the application would not increase the volume of water that may be taken.

'(6) If an application is not made under subsection (3), the chief executive may give notice to the joint holders of the interim water allocation about replacing the allocation.

'(7) The notice must state--

(a) that a written submission may be made about the details of replacing the allocation; and

(b) a day by which the submission must be made, and the person to whom, and the place where, the submission must be made.

'(8) The day stated under subsection (7)(b) must not be earlier than 30 business days after the day the notice is given.

'(9) The chief executive must consider any submissions made before issuing 1 or more replacement interim water allocations.

'(10) Within 30 business days after issuing the replacement interim water allocations, the chief executive must give the holders of the jointly held interim water allocation an information notice.

'(11) A replacement interim water allocation has effect from--

(a) for an application granted under subsection (5)--the day the application is granted; and

(b) for a replacement interim water allocation issued under subsection (9)--the day the information notice is given.

'(1) This section applies to an interim water allocation if part of the land to which the allocation attaches is taken under the Acquisition of Land Act 1967.

'(2) If the acquisition includes an acquisition of the allocation, section 222 applies for transferring the allocation to the entity that acquired the land as if the allocation were a water licence.

'(3) If the acquisition does not include an acquisition of the allocation, sections 199 to 199B apply.'.