Victorian Current Acts

WATER ACT 1989 - SECT 64FZV

An external place of take approval ceases to be in force—

        (a)     for an approval that applies to a relevant water allocation that is not part of a class of relevant water allocation, when the holder of the approval no longer holds the relevant water allocation; or

        (b)     for an approval that applies to relevant water allocations in a class of relevant water allocation, when the holder of the approval no longer holds—

              (i)     the right to water under which the holder is entitled to receive current and future relevant water allocations in that class; and

              (ii)     any relevant water allocation under that right; or

Note

For the purposes of paragraphs (a) and (b), a person no longer holds a relevant water allocation if—

(a)     all water under the allocation has been taken; or

(b)     water has not been taken under the water allocation before the end of the water season for the allocation and has not been authorised to be taken in a subsequent water season; or

(c)     the water otherwise available under the water allocation has been deducted from the holder's right to take water by the Minister under Division 3 of Part 4; or

(d)     the water allocation has been assigned to another person.

        (c)     in any case a different external place of take approval or a particular place of take approval is given for the relevant water allocation or the relevant water allocations in the class of relevant water allocation.

S. 64G inserted by No. 62/1995 s. 29, amended by Nos 86/1995 s. 12(2), 110/1997
s. 15(3)(a)(b), repealed by No. 32/2010 s. 46.

    *     *     *     *     *

Pt 4 Div. 5 (Heading) renumbered as Pt 4AB (Heading) by No. 48/2021 s. 33.

Pt 4 Div. 5 (Heading and ss 64GA, 64GB) inserted by No. 99/2005 s. 52.

Part 4AB—Seasonal determinations

S. 64GA inserted by No. 99/2005 s. 52.