Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) A surviving allocation can not be transferred or amended but, subject to section 112 and section 113, may be surrendered to the authority at any time.
(2) If a person who holds a surviving allocation surrenders it to the authority, the person may request that a water access entitlement be granted to the person.
(3) On request under subsection (2), the authority must grant to the person—
(a) if the surrendered allocation was for surface water only—a water access entitlement for surface water; or
(b) if the surrendered allocation was for ground water only—a water access entitlement for ground water; or
(c) if the surrendered allocation was partly for surface water and partly for ground water (a "mixed allocation")—a water access entitlement for surface water and a water access entitlement for ground water.
(4) A water access entitlement granted to a person under subsection (3) must state—
(a) the person's name; and
(b) the amount of surface water or ground water that may be taken; and
(c) the water management area to which the amount relates; and
(d) if the person does not have access to urban water supply and the surrendered allocation was for water for stock or domestic use—
(i) that the water is for stock or domestic use; and
(ii) the place where the water may be taken; and
(e) if no fee was paid under the repealed Act for the grant of the surrendered allocation—the place where the water may be taken; and
Note For removal of this statement, see s 25.
(f) anything else required under this Act to be stated in the water access entitlement.
(5) For subsection (4) (b), the amount stated must be—
(a) if a fee was paid under the repealed Act for the grant of the surrendered allocation—the percentage of the water available for taking in the water management area that is equivalent to the volume of the allocation (or, for a mixed allocation, the relevant part of the allocation); and
(b) if no fee was paid under the repealed Act for the grant of the surrendered allocation—the percentage of the water available for taking in the water management area that is equivalent to the lesser of—
(i) the volume of the allocation (or, for a mixed allocation, the relevant part of the allocation); and
(ii) the amount that, under the determination in force under section 18 (Amounts of water reasonable for uses), is a reasonable amount for the existing use.