Victorian Current Acts

WATER ACT 1989 - SECT 46CA

    (1)     This section applies on the death of a person who has water available to take under a water allocation (under a bulk entitlement or part of a bulk entitlement) assigned to the person under section 46 or further assigned to the person under section 46A.

    (2)     The water allocation forms part of the estate of the deceased person.

    (3)     An assignment of the water allocation under section 46 or a further assignment of the water allocation under section 46A may be made by—

        (a)     if the deceased person was the only person who could have taken water under the water allocation—a person authorised to act on behalf of the estate of the deceased person; or

        (b)     if the deceased person was not the only person who could have taken water under the water allocation—a person authorised to act on behalf of the estate of the deceased person together with the other persons.

S. 46D inserted by No. 50/2010 s. 11.