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WATER ACT 1912 - SECT 117J
Transfer of water allocations
(1) This section applies only to such sub-surface water basins (or parts of
sub-surface water basins) as the Ministerial Corporation has determined to be
subject to this section.
(2) The holder of a licence (the
"transferor" ) may, with the approval of the Ministerial Corporation, transfer
the whole or part of the water allocation for the licence to any other person
(the
"transferee" ), whether or not the transferee is the holder of another licence
at the time the application for approval of the transfer is made.
(3) Any
such transfer: (a) may be a temporary transfer for such period as may be
determined by the Ministerial Corporation, after which time the transferred
water allocation reverts to the transferor, or
(b) may be a permanent
transfer, in which case the transferor's rights to take and use the water
concerned are cancelled on completion of the transfer.
(4) An application for
the Ministerial Corporation's approval may be made by the transferor and
transferee in the form approved by the Ministerial Corporation.
(5) An
application must be accompanied by the following: (a) such application fee as
is determined by the Ministerial Corporation either generally or in a
particular case, and
(b) such information and consents as the Ministerial
Corporation may require.
(6) The Ministerial Corporation may approve the
transfer, or it may refuse to approve the transfer.
(7) The Ministerial
Corporation may, in relation to an application for a transfer: (a) require the
transferor to provide such information and consents, and
(b) require the
transferee to provide such information and evidence,
as are specified by the
Ministerial Corporation.
(8) A requirement under subsection (7) may be
complied with in any manner acceptable to the Ministerial Corporation, but the
Ministerial Corporation may decline to proceed with consideration of the
application until the requirement is complied with.
(9) In determining
whether or not to approve a transfer, the Ministerial Corporation may take
into consideration such matters as it thinks fit, including its opinion as to
the social and economic effect that the transfer would have if approved.
(10)
If the Ministerial Corporation approves the transfer, it may give effect to
the transfer in any one or more of the following ways: (a) by making such
adjustments with respect to the transferor's and transferee's
water allocations as the Ministerial Corporation considers appropriate,
(b)
if the whole of the transferor's water allocation is being transferred, by
cancelling the transferor's licence,
(c) if the transferee does not hold a
licence, by issuing a licence to the transferee in accordance with this Part
and including the transferred water allocation in the conditions of the
licence.
(11) The Ministerial Corporation may, in approving a transfer under
this section, impose such conditions in relation to the transfer as the
Ministerial Corporation thinks fit to impose.
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