46EMinisterial approval for transfer

46E Ministerial approval for transfer (1) Subject to this section, the Minister, on receiving an application under section 46D(2), may approve a transfer under section 46D. (2) The Minister must not approve a transfer of the whole or a part of a bulk entitlement held by the Water Holder unless the Minister has first obtained the approval of the environment Minister. (3) The Minister— (a) must not approve the transfer if he or she is of the opinion that— (i) the transfer is likely to have an adverse effect on the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; or (ii) the entitlement or part to be transferred is not surplus to the needs of the Authority; or (b) in any other case, the Minister, in considering whether or not to approve the transfer, must have regard to— (i) any of the matters mentioned in section 40(1); and (ii) any relevant rules made under section 47E. (4) In considering whether or not to approve the transfer the Minister must give effect to an approved management plan for any relevant water supply protection area. (5) The Minister must not deal with a transfer in a way that is inconsistent with anything specified in the Order granting the entitlement under section 43(d). S. 46F inserted by No. 50/2010 s. 11.