Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) A person may obtain a water allocation from—
(a) the authority; or
(b) another person who holds a water allocation.
(2) Subject to section 29, the authority may, grant a water allocation—
(a) by specifying the volume or rate of flow of water that may be taken under the allocation; or
(b) in any other manner.
(3) Without limiting subsection (2), the authority may fix a different measure of water allocation for different days of a year.
(4) The power of the authority to allocate water must be exercised by public auction or public tender or, if either method is unsuccessful, by private contract.
(5) The authority may grant a water allocation subject to conditions.
(6) Notwithstanding subsection (4) and subject to section 29, the Minister may, in writing, grant a water allocation to a person specified in the instrument, subject to such conditions (if any) as are specified in the instrument.
Note A fee may be determined under s 78 (Determination of fees) for this section.
(7) The Minister or the authority may grant an allocation under this section only if provision is made for the allocation in the management plan.
(8) The Minister must prepare a written notice of the making of the grant.
(9) The notice is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act 2001 .
(10) The notice must be notified under the Legislation Act 2001 no later than 14 days after the making of the grant.
(11) An allocation made under subsection (6) shall for this Act, other than section 77, be taken to have been granted by the authority.
(12) Where a water allocation on which a licence to take water is based is granted subject to conditions, those conditions shall, for this Act, be taken to be conditions of the licence.