117JTransfer of water allocations

#### 117J Transfer of water allocations 117J Transfer of water allocations > > (1) This section applies only to such sub-surface water basins (or parts of sub-surface water basins) as the Ministerial Corporation has determined to be subject to this section. > > > (2) The holder of a licence (the transferor) may, with the approval of the Ministerial Corporation, transfer the whole or part of the water allocation for the licence to any other person (the transferee), whether or not the transferee is the holder of another licence at the time the application for approval of the transfer is made. > > > (3) Any such transfer— > > > > > (a) may be a temporary transfer for such period as may be determined by the Ministerial Corporation, after which time the transferred water allocation reverts to the transferor, or > > > > > (b) may be a permanent transfer, in which case the transferor’s rights to take and use the water concerned are cancelled on completion of the transfer. > > > (4) An application for the Ministerial Corporation’s approval may be made by the transferor and transferee in the form approved by the Ministerial Corporation. > > > (5) An application must be accompanied by the following— > > > > > (a) such application fee as is determined by the Ministerial Corporation either generally or in a particular case, and > > > > > (b) such information and consents as the Ministerial Corporation may require. > > > (6) The Ministerial Corporation may approve the transfer, or it may refuse to approve the transfer. > > > (7) The Ministerial Corporation may, in relation to an application for a transfer— > > > > > (a) require the transferor to provide such information and consents, and > > > > > (b) require the transferee to provide such information and evidence, > > > > as are specified by the Ministerial Corporation. > > > (8) A requirement under subsection (7) may be complied with in any manner acceptable to the Ministerial Corporation, but the Ministerial Corporation may decline to proceed with consideration of the application until the requirement is complied with. > > > (9) In determining whether or not to approve a transfer, the Ministerial Corporation may take into consideration such matters as it thinks fit, including its opinion as to the social and economic effect that the transfer would have if approved. > > > (10) If the Ministerial Corporation approves the transfer, it may give effect to the transfer in any one or more of the following ways— > > > > > (a) by making such adjustments with respect to the transferor’s and transferee’s water allocations as the Ministerial Corporation considers appropriate, > > > > > (b) if the whole of the transferor’s water allocation is being transferred, by cancelling the transferor’s licence, > > > > > (c) if the transferee does not hold a licence, by issuing a licence to the transferee in accordance with this Part and including the transferred water allocation in the conditions of the licence. > > > (11) The Ministerial Corporation may, in approving a transfer under this section, impose such conditions in relation to the transfer as the Ministerial Corporation thinks fit to impose. > > **ss 117G–117K:** Ins 1997 No 128, Sch 1 \[15\].