35AMeaning of water entitlement right

35A Meaning of water entitlement right

(1) A water entitlement right is: (a) any right conferred by or under a law of a State or Territory to do either or both of the following: (i) to hold water from a water resource; (ii) to take water from a water resource; or (b) an irrigation right (within the meaning of the Water Act 2007); or (c) a water delivery right (within the meaning of the Water Act 2007); or (d) a right of a kind prescribed by the Minister’s rules; or (e) a contractual right that a person holds to all or part of another person’s right covered by paragraph (a), (b), (c) or (d). (2) Without limiting paragraph (1)(a), that paragraph includes the following: (a) stock and domestic rights; (b) riparian rights; (c) a water access entitlement; (d) a water allocation. (3) A water access entitlement is a perpetual or ongoing entitlement, by or under a law of a State or Territory, to exclusive access to a share of the water resources of an area in the State or Territory. (4) A water allocation is the specific volume of water allocated to a water access entitlement in a given period. (5) A water resource is: (a) surface water or ground water; or (b) a watercourse, lake, wetland or aquifer (whether or not it currently has water in it). An expression used in paragraph (a) or (b) that is also used in the Water Act 2007 has the same meaning as in that Act.