23ATransfer of irrigation rights

23A Transfer of irrigation rights

[Section 23A Inserted by No. 46 of 1997, s. 8, Applied:11 Nov 1998]

(1)  The holder of an irrigation right may transfer it with the approval of the undertakers and on compliance with such conditions as may be approved by the Minister.

(2)  The conditions may –

(a) require payment of a fee; and

(b) relate to the availability of water, the infrastructure required for the supply of water, the impact of the proposed transfer on the environment or the maximum amount of water which may be taken.

(3)  For the purposes of subsection (2)(b) , the maximum amount of water may be determined by reference to the area of the relevant land.

(4)  [Section 23A Subsection (4) inserted by No. 30 of 2001, s. 5, Applied:30 May 2001] [Section 23A Subsection (4) omitted by No. 12 of 2004, s. 65, Applied:09 Jun 2004] [Section 23A Subsection (4) inserted by No. 56 of 2008, s. 138, Applied:11 Feb 2009] The undertakers must not approve the transfer unless satisfied, from written evidence, that each person with a financial interest in the relevant irrigation right consents to the transfer.

(5)  [Section 23A Subsection (5) inserted by No. 30 of 2001, s. 5, Applied:30 May 2001] [Section 23A Subsection (5) omitted by No. 12 of 2004, s. 65, Applied:09 Jun 2004] [Section 23A Subsection (5) inserted by No. 56 of 2008, s. 138, Applied:11 Feb 2009] However, subsection (4) does not apply if –

(a) the undertakers are satisfied that the transfer will be only for a period not exceeding 12 months and the relevant irrigation right will revert to the transferor immediately after that period expires; or