Victorian Current Acts

WATER ACT 1989 - SECT 51AB

    (1)     This section applies despite anything to the contrary in section 51.

    (2)     A person who is a successor in title to the owner of a part or parcel of land from which water was taken and used under an original registration licence may apply (without payment of an application fee) to the Minister for the issue of a licence to take and use water from each spring, soak or dam on that part or parcel of land from which water was authorised to be taken and used under the original registration licence.

    (3)     An application under subsection (2) must—

        (a)     be made in a form and manner approved by the Minister; and

        (b)     contain any information or document that is required by the Minister.

    (4)     Subject to this section, the Minister may issue a licence to take and use water from each spring, soak or dam specified in the application if the Minister is satisfied that—

        (a)     the applicant is the successor in title to the owner of the part or parcel of land from which water was taken and used under an original registration licence; and

        (b)     the original registration licence has not been surrendered under section 51A.

    (5)     Before issuing a licence under this section, the Minister must—

        (a)     give notice of the application to the holder of the original registration licence at the person's last known address; and

        (b)     consider any submission made within 28 days after the date of the notice by the holder of the original registration licence.

    (6)     If the Minister issues a licence under this section, the Minister must—

        (a)     amend the original registration licence so that the original registration licence ceases to authorise the taking and use of water from the spring, soak or dam specified in a licence issued under this section; and

S. 51AB(6)(b) amended by No. 42/2021 s. 139.

        (b)     make any other amendment to the original registration licence that is necessary to reflect the amendment of that licence under paragraph (a) and the issue of a licence under this section.

    (7)     The Minister, in amending an original registration licence under subsection (6)(a), must reduce the volume of water authorised to be taken and used under that licence by an amount that is equivalent to the amount that is authorised to be taken and used under every licence issued under this section.

    (8)     A licence issued under this section—

        (a)     must not authorise the taking and use of water from more than one spring, soak or dam; and

        (b)     subject to subsection (9), is subject to any condition to which the taking and use of water from the relevant spring, soak or dam was subject under the original registration licence.

    (9)     The Minister may amend a condition referred to in subsection (8)(b) to the extent necessary to reflect the amendment of the original registration licence and the issue of every licence under this section.

    (10)     In this section, original registration licence has the same meaning as in section 51AA.

S. 51A inserted by No. 5/2002 s. 20.