22CCharge if flow of water assured by work of Crown or water or dam managed by State

22C Charge if flow of water assured by work of Crown or water or dam managed by State

22C Charge if flow of water assured by work of Crown or water or dam managed by State

(1) In this section—

dam includes any work used for the purposes of water storage or conservation.

entitlement means—

(a) a licence, permit, authority or group licence, or

(b) in relation to a trust, the right to take and use water conferred on the trust by section 38B.

trust means a trust constituted under Part 3 that is declared by the regulations to be a trust to which this section applies.

(1A) In this section—

(a) a reference to a work of the Crown includes a reference to a work vested in or controlled by the Dumaresq-Barwon Border Rivers Commission, and

(b) a reference to the holder of an entitlement includes—

(i) if the entitlement is an authority, a reference to each of the holders of the authority, and

(ii) if the entitlement is the right of a trust to take and use water, a reference to the trust.

(2) The Ministerial Corporation may, by order published in the Gazette, declare that the flow or supply of water in any river, lake or section of a river has been augmented, stabilised or assured by a work of the Crown.

(2A) The Ministerial Corporation may, by order published in the Gazette, declare that the sharing and use of water from any river, lake or section of river is managed by the State.

(2B) The Ministerial Corporation may, by order published in the Gazette, declare that the storage or conservation of water in any specified dam or specified class of dam is managed by the State.

(3) Where a work in respect of which an entitlement is held—

(a) is used for the purpose of irrigation or water supply for stock, for industrial use or for such other use as may be prescribed, and

(b) is connected with a river, lake or section of a river in respect of which an order under subsection (2) or (2A) is in force,

the holder of the entitlement shall, subject to and in accordance with this section, pay a charge for the right to take and use water from the river, lake or section in addition to the fee (if any) payable for the entitlement.