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WATER MANAGEMENT ACT 1999 - SECT 121 Transfer of water allocations

WATER MANAGEMENT ACT 1999 - SECT 121

Transfer of water allocations

(1)  A special licensee may transfer the water allocation of the special licence to any person without any approval being required if –
(a) the licence is endorsed with a statement that this section applies to the licence; and
(b) the water allocation is to be taken from a water resource specified in the licence for the purposes of this section or from a water resource situated in an area so specified.
(2)  Except as provided in subsection (1) , Division 4 , other than section 95(6) , applies to the transfer of a water allocation of a special licence.
(3)  Where a transfer of a water allocation of a special licence is absolute, the relevant licences are taken to be varied accordingly.
(4)  A person who does not hold a licence and who receives a water allocation by a transfer under subsection (1) must, before using the allocation, obtain a licence in which the water allocation is specified.
(5)  The Minister may issue a licence in which a water allocation transferred under subsection (1) is the only water allocation specified.
(6)  On a transfer under subsection (1) , a special licensee must provide the Minister, within 14 days and in writing, with full particulars of the transfer.
Penalty:  Fine not exceeding 10 penalty units.
(7)  This section does not apply to the transfer of a water allocation by the Hydro-Electric Corporation where the transferred water is to be taken for irrigation unless the Advisory Committee, by notice published in the Gazette , determines otherwise.
(8)  The Advisory Committee may make a determination in respect of a particular water allocation or water allocations of a particular type.
(9)  A notice under subsection (7) is not a statutory rule.