Section 20AI - Water Act 1912 - Application for transfer

20AIApplication for transfer

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20AI Application for transfer

(1) Except where an application may be made under subsection (2), application for a transfer shall be made by the transferee applying for a new entitlement (or, if the holder so desires in the case of an authority or a group licence, for an amended entitlement) and a water allocation for the entitlement that—

(a) if the transferee is not already the holder of an entitlement—comprises or includes the water allocation proposed to be transferred, or

(b) if the transferee is already the holder of an entitlement—comprises the water allocation for the existing entitlement together with the water allocation proposed to be transferred.

(2) If the Ministerial Corporation agrees and subsection (3) is complied with, the Ministerial Corporation may accept and consider an application by a transferor or transferee for the transfer of a water allocation by way of an appropriate modification under section 20XA of the conditions to which the entitlements of the transferor and transferee are subject.

(3) This subsection is complied with in relation to an application referred to in subsection (2) if—

(a) the application is for a temporary transfer for a period of not more than 3 years or, if some other period is prescribed for the purposes of this paragraph, the period so prescribed,

(b) the transfer will be to the holder of an existing entitlement,

(c) the period for which the transfer is to be effected does not, when aggregated with the period or periods for which any other transfer or transfers obtained by the transferee under subsection (2), exceed 3 years or any other period prescribed for the purposes of paragraph (a), and

(d) the application is made in a form approved by the Ministerial Corporation.

(3A) Subsection (3) (c) does not apply in relation to an application referred to in subsection (2) if the Ministerial Corporation is satisfied that the water allocation to which the application relates will be used in accordance with a farm water management plan approved by the Ministerial Corporation.

(3B) A farm water management plan must include details concerning the following matters—

(a) existing and proposed recycling schemes,