Victorian Consolidated Legislation

Water Act 1989 - SECT 33U

Assignment of water allocation

33U. Assignment of water allocation





(1) The holder of a water share may assign the whole or a part of the water
allocation available to that person under that share (at the time at which the
assignment is made) to-

   (a)  a person who is the holder of a bulk entitlement; or

   (b)  a person who is the owner or occupier of land specified in a water-use
        licence or water-use registration; or

   (c)  a person who is the owner or occupier of land in another State or a
        Territory of the Commonwealth; or

   (d)  a person who represents the Crown in right of another State or a
        Territory of the Commonwealth; or

   (e)  the environment Minister on behalf of the Crown.





(1A) A person who, as a result of the operation of section 33S(3), has a water
allocation available to that person, may assign the whole or a part of the
water allocation to-

   (a)  a person who is the holder of a bulk entitlement; or





   (b)  a person who is the owner or occupier of land specified in a water-use
        licence or water-use registration; or

   (c)  a person who is the owner or occupier of land in another State or a
        Territory of the Commonwealth; or

   (d)  a person who represents the Crown in right of another State or a
        Territory of the Commonwealth; or

   (e)  the environment Minister on behalf of the Crown.

(2) A tenant in common of a water share may not separately assign the water
allocation available to that person under the share.

(3) An assignment under this section entitles the holder of the assignment to
receive water under the water allocation under the water share from the date
specified in the assignment.

(4) An assignment under this section may have the effect, if so specified in
the assignment, of enabling water to be received under a water allocation from
a water system that is not the associated water system for the water share.

(5) In this section holder of a water share means-

   (a)  in the case of a water share in respect of which there is no limited
        term transfer, the owner of the water share; or

   (b)  in the case of a water share in respect of which there is a limited
        term transfer, the holder of that transfer.