Victorian Current Acts

WATER ACT 1989 - SECT 226

    (1)     An Authority may, on receiving an application to do so from the owners of two parcels of land in an irrigation district of the Authority, determine to transfer to one of the parcels of land specified in the application the whole or a part of—

        (a)     either or both the volumes at which and the periods for which water is to be delivered to the other parcel of land specified in the application; or

        (b)     either or both the volumes at which and the periods for which water is to be delivered to the other parcel of land specified in the application, for the limited period of time that is specified in the application.

S. 226(2) substituted by No. 85/2006 s. 96.

    (2)     An Authority must refuse an application under subsection (1)(a) if consent has not been obtained to the application to transfer a volume or period from any one of the mortgagees of any parcel of land from which the volume or period is being transferred.

    (3)     If the Authority refuses an application under subsection (1), the Authority must give the applicants reasons for that refusal.

    (4)     On making of a determination under subsection (1), any delivery determination that relates to either parcel of land is deemed to have effect in accordance with the transfer of the volumes and periods.

    (5)     For the purposes of a transfer under subsection (1), the Authority may—

        (a)     where a delivery determination ceases to apply to a parcel of land, declare that the land ceases to be a serviced property, or where the case so requires, that the land is a serviced property; or

        (b)     where a delivery determination commences to apply to a parcel of land, declare the land to be a serviced property.

    (6)     In making a determination under subsection (1), the Authority must have regard to any matters set out in any conditions determination of the Authority.

    (7)     The owners of parcels of land in the irrigation district of an Authority may apply to the Authority for a determination under subsection (1).

Division 4—Conditions and Ministerial directions as to delivery

S. 227 substituted by No. 99/2005 s. 61.