47Conversion of existing entitlements

47 Conversion of existing entitlements

S. 47(1) amended by Nos 50/1992 s. 6(5), 121/1994 s. 188(d), 62/1995 s. 15(1), 85/2006 s. 25.

(1) An Authority that has an entitlement to take water referred to in paragraph (aa), (a) or (b) of section 35(2) or section 35(3) may apply to the Minister to have the whole or part of that entitlement converted into an entitlement or two or more entitlements granted under this Division.

(b) contain particulars of the entitlement held by the applicant; and

(c) be accompanied by any prescribed application fee.

(3) The Minister must forward a copy of an application to any entitlement holder whom the Minister considers may be directly affected by the application.

(4) After considering any comments made on the application by an entitlement holder to whom the Minister forwarded a copy of the application, the Minister may deal with an application in any of the following ways—

(a) refuse it;

S. 47(4)(b) amended by Nos 121/1994 s. 188(d), 62/1995 s. 15(2), 22/1999 s. 3(1).

(b) approve it (with or without modification) and by Order published in the Government Gazette in accordance with section 43 convert the whole or part of the entitlement into an entitlement or two or more entitlements granted under this Division.

S. 47(5) inserted by No. 22/1999 s. 3(2).

(5) Without limiting subsection (4)(b), a modification under that subsection may provide for the granting of a reduced or increased entitlement.

S. 47A inserted by No. 62/1995 s. 16.