13Conversion of take and use licences

13 Conversion of take and use licences Sch. 15 cl. 13(1) amended by No. 29/2007 s. 23. (1) On and from the appointed day for a water system, the following subclauses apply to each take and use licence in force immediately before the appointed day within the water system that is not a licence under which— Sch. 15 cl. 13(1)(a) inserted by No. 29/2007 s. 23. (a) the water to be taken and used is subject to a condition that a proportion of the water so taken and used is returned to the water system; or Sch. 15 cl. 13(1)(b) inserted by No. 29/2007 s. 23. (b) the water is to be taken and used for a purpose prescribed for the purposes of section 51(1AA). (2) The holder of each take and use licence is deemed to be the owner of a water share, deemed to be issued under section 33— (a) that authorises water to be taken at the maximum volume that is the same as the volume shown on the take and use licence immediately before the appointed day; and (3) The owner of the land to which each take and use licence relates is deemed to be the holder of a water-use licence, deemed to be granted under section 64L, that authorises water to be used— (b) subject to the same conditions as those that applied to the use or drainage of water under the take and use licence immediately before the appointed day; and **Entitlements to works licences** (4) The holder of each take and use licence that, immediately before the appointed day, authorised the construction, alteration or operation of works, is deemed to be the holder of a licence under section 67 that authorises the construction, alteration or operation of any such works, subject to— (a) any conditions as to the maximum amounts of water which may be taken in any particular periods or circumstances— (i) that applied under the licence immediately before the appointed day; or (ii) as determined in accordance with the conversion rules— whichever is the greater; and (b) any conditions of the take and use licence as to— (i) the installation and use of measuring devices and pumps; and (ii) the operation of any bores or works for extracting water from waterways. (5) If a take and use licence is held by more than one person, the proportions of ownership of the water share by each holder of the licence are to be determined in the manner set out in clause 18. 14 Prior 222(1)(d) sales water agreements (1) On and from the appointed day for a declared water system, the following subclauses apply to each prior 222(1)(d) sales water agreement entered into by an Authority to supply water to land from the water system. (2) The owner or occupier of the land with whom the agreement was entered into is deemed to be the owner of a water share, deemed to be issued under section 33F— (a) that authorises water to be taken at the maximum volume that is the proportion (as specified in the conversion rules) of the volume that is the same as that shown in the licence, immediately before the appointed day; and (3) If the prior 222(1)(d) right is held by more than one person, the proportions of ownership of the water share by each holder of the right are to be determined in the manner set out in clause 17. 15 Water share deemed to be associated water share On and from the appointed day for a water system— (a) if a water share is deemed to be issued under clause 13 in relation to a take and use licence, the water share is deemed to be determined to be an associated water share under Division 10, that is associated with the land to which the take and use licence applied, in so far as a water-use licence is deemed to be issued under clause 13 in respect of that land; (b) if a water share is deemed to be issued under clause 14 in relation to a prior 222(1)(d) sales water agreement, the water share is deemed to be determined to be an associated water share under Division 10, that is associated with the land to which the agreement applied, in so far as a water-use licence is deemed to be issued under clause 13 in respect of that land. 16 Conversion of temporary transfers (1) On and from the appointed day for a declared water system, the following subclauses apply where a prior water right has been transferred (whether in whole or in part) under section 224 (as in force before the appointed day) for a consecutive period of 3 years immediately preceding the appointed day, where the owner of the land to which the right has been transferred is not the holder of— (a) a prior joint right or prior water right; or (b) a take and use licence. (2) The owner of the land to which such a right has been transferred is deemed to be the holder of a water-use licence that authorises water to be used— (a) on the land to which the right had been transferred; and (b) subject to the same terms and conditions relating to the use of water as those that applied to the use of the water under the transferred rights, immediately before the appointed day; and