46CMinisterial approval

46C Ministerial approval (a) on a request from the Authority, approve the assigning of a water allocation for the purposes of section 46; or (b) on an application by a person, approve the assigning of a water allocation for the purposes of section 46A. (2) The Minister, in deciding whether or not to approve an assignment under subsection (1), must have regard to— (a) any adverse effect that the assignment is likely to have on— (i) other persons that take water from the same water system; and (ii) on the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; (b) whether the assignment is in accordance with any relevant rules made by the Minister under section 47E; (c) any other prescribed reason. (3) Any request or application to the Minister to which subsection (1) applies must— S. 46C(3)(c) amended by No. 29/2011 s. 3(Sch. 1 item 105.1). S. 46CA inserted by No. 48/2021 s. 51. 46CA Effect of death of person who holds a water allocation (1) This section applies on the death of a person who has water available to take under a water allocation (under a bulk entitlement or part of a bulk entitlement) assigned to the person under section 46 or further assigned to the person under section 46A. (2) The water allocation forms part of the estate of the deceased person. (3) An assignment of the water allocation under section 46 or a further assignment of the water allocation under section 46A may be made by— (a) if the deceased person was the only person who could have taken water under the water allocation—a person authorised to act on behalf of the estate of the deceased person; or (b) if the deceased person was not the only person who could have taken water under the water allocation—a person authorised to act on behalf of the estate of the deceased person together with the other persons. S. 46D inserted by No. 50/2010 s. 11.