Australian Capital Territory Numbered Acts

WATER RESOURCES ACT 2007 (NO. 19 OF 2007) - SECT 26

    (1)     The holder of a water access entitlement may, with the approval of the authority, transfer the whole or part of the entitlement to someone else.

Note     A fee may be determined under s 107 for this provision.

    (2)     The authority must not approve the transfer of a water access entitlement unless satisfied that—

        (a)     the intended use of the water and the place it is proposed to be used is consistent with—

              (i)     the conditions of the entitlement; and

              (ii)     the Territory plan; and

        (b)     it is appropriate to approve the transfer having regard to—

              (i)     the transferee's environmental record; and

              (ii)     anything else the authority considers relevant.

    (3)     A transfer of a water access entitlement may be absolute or for a limited period.

    (4)     A transfer of part of a water access entitlement must be for units no smaller than 0.5ML.

    (5)     A water access entitlement that entitles the holder to water for stock or domestic use on particular land may be transferred to someone else only if the holder's interest in the land is also transferred to that person.

    (6)     A regulation may make provision in relation to the transfer of water access entitlements.