20XDetermination of water allocations in respect of entitlements

#### 20X Determination of water allocations in respect of entitlements 20X Determination of water allocations in respect of entitlements > > (1) Before an order under section 20W may be made, the Ministerial Corporation shall prepare a volumetric water allocations scheme, or a modification of such a scheme, in respect of the water source to which it is proposed that the order will, when made, apply. > > > (2) In preparing or modifying a scheme in respect of a water source, the Ministerial Corporation— > > > > > (a) shall assess the total quantity of water— > > > > > > > (i) that is likely to be available in each year for apportionment among the holders of entitlements, and > > > > > > > (ii) that, in the opinion of the Ministerial Corporation, should be reserved for other uses or for future use, and > > > > > (b) shall then determine in respect of each entitlement the maximum quantity of water which may, subject to this Division, be taken from that water source in any year under the entitlement for the purpose or purposes specified in the entitlement. > > > (3) The Ministerial Corporation may— > > > > > (a) fix differing quantities of water per hectare according to whether water authorised to be taken from the water source under an entitlement may be used for the purpose of irrigating orchards, vineyards, trees (other than trees in orchards), lucerne, pasture, fodder crops, cereal crops or vegetables or crops or plantings of any other description, > > > > > (b) fix differing quantities of water according to whether water authorised to be taken from the water source under an entitlement may be used for a purpose other than a purpose specified in paragraph (a), and > > > > > (c) determine that in no case shall the maximum quantity of water which may be taken from the water source in any year under any entitlement exceed a quantity specified by the Ministerial Corporation. > > > (3A) The Ministerial Corporation may, from time to time, vary any determination made under subsection (3) (c) by increasing the quantity specified by it as being the maximum quantity of water which may be taken from a water source in any year under any entitlement. > > > (4) Subject to any determination in force under subsection (3) (c)— > > > > > (a) a determination under subsection (2) (b) in respect of an entitlement may be made— > > > > > > > (i) in the case of an entitlement issued for the purpose of irrigating a crop or planting of a class specified in subsection (3) (a), by reference to the area of land which is authorised to be irrigated under the entitlement and to such quantity as may be fixed under subsection (3) (a) in respect of that class of crop or planting, and > > > > > > > (ii) in the case of an entitlement issued for any purpose other than the irrigation of a crop or planting of a class specified in subsection (3) (a), by reference to such quantity as may be fixed under subsection (3) (b) in respect of that purpose, and > > > > > (b) where water authorised to be taken from the water source under an entitlement may be used for the purpose of irrigating two or more classes of crops or plantings specified in subsection (3) (a) or for two or more purposes, a maximum quantity of water may be determined under subsection (2) (b) in respect of each of those classes or, as the case may be, each of those purposes. > > > (5) As soon as practicable after the publication of an order declaring a water source to be subject to a scheme, the Ministerial Corporation shall, by notice in writing served on the holder of each entitlement which authorises the taking of water from the water source, attach to the entitlement a condition that, except where the operation of the condition is suspended under section 20AA, on and from the date on which the scheme commences and in respect of each year during which the scheme is in force, not more than the maximum quantity of water determined in respect of the entitlement under subsection (2) (b) and specified in the condition (as may be modified from time to time under this Division) shall be taken from the water source during any year under the entitlement for the purpose or purposes specified in the entitlement. > > > (6) Service of a notice under subsection (5) may be effected on a holder referred to in subsection (5)— > > > > > (a) by delivering the notice to the holder personally, > > > > > (b) by leaving the notice with any person apparently of or above the age of 14 years who apparently resides or is employed on the land of the holder, or > > > > > (c) by letter sent by post and addressed to the holder at the holder’s address last known to the Ministerial Corporation. > > > (7) On the service of a notice under subsection (5), the entitlement to which the notice relates shall be modified according to the tenor of the notice. > > > (8) Where any order under section 20W declaring a water source to be subject to a scheme has effect on and from a date falling after the beginning of a year, the quantity of water determined under subsection (2) (b) in respect of an entitlement, which authorises the taking of water from that water source, shall, for that year, be deemed to be reduced by the proportion that the part of that year which has elapsed at that date bears to the whole of that year and the condition which is attached to the entitlement in accordance with subsection (5) shall be construed accordingly. > > > (9) Notwithstanding anything in this Part, a determination made under subsection (2) (b) in respect of an entitlement and a condition attached to the entitlement in accordance with subsection (5) shall not be the subject of an objection or appeal under this Part. > > **s 20X:** Ins 1977 No 103, Sch 3. Am 1983 No 142, Sch 2 (8) (b) (c) (9) (10); 1986 No 196, Sch 2 (14).