47CApplication for conversion of licences or water shares to bulk entitlements

47C Application for conversion of licences or water shares to bulk entitlements (1) An Authority that holds a water share or licence under section 51 may apply to the Minister to have the water share or licence converted to a bulk entitlement under this Division. (2) An Authority that holds a water share or licence under section 51 must apply to the Minister to have the water share or licence converted to a bulk entitlement under this Division, if requested to do so by the Minister. (3) An application to the Minister under this section must— S. 47C(3)(c) amended by No. 29/2011 s. 3(Sch. 1 item 105.2). S. 47CA inserted by No. 50/2010 s. 12. 47CA Minister may convert licence or water share to bulk entitlement (1) The Minister may convert a water share or licence under section 51 that is held by an Authority to a bulk entitlement under this Division held by that Authority, on receiving an application from the Authority under section 47C. (2) In considering an application under section 47C, the Minister must have regard to any matter referred to in section 40(1)(a) to (o). S. 47CB inserted by No. 50/2010 s. 12. 47CB Effect of conversion (1) On determining that a licence under section 51 or water share is converted to a bulk entitlement, the Minister must, by notice published in the Government Gazette— (a) in the case of a licence under section 51, cancel the licence and either— (i) amend an existing bulk entitlement to add the amount of water that may be taken and used in accordance with the licence; or (ii) create a new bulk entitlement to the amount of water that may be taken and used in accordance with the licence; or (b) in the case of a water share, cancel the water share and either— (i) amend the bulk entitlement to add the maximum volume of the water share; or (ii) create a new bulk entitlement with the maximum volume of the water share. (2) The Minister may impose any terms and conditions on the bulk entitlement created or amended under subsection (1) that the Minister thinks fit. (3) In creating or amending bulk entitlement under this section, the Minister is not required to comply with any other provisions of this Act. S. 47D inserted by No. 86/1995 s. 10. 47D Minister may sell unallocated water (a) an entitlement to take water has been converted, whether before or after the commencement of section 11 of the **Water (Further Amendment) Act 1995**, in accordance with section 47; and (b) the entitlement is in respect of water in a storage which on 1 January 1995 was owned by the Rural Water Corporation; and (c) there is water in the storage that is not allocated to the converted entitlement; and S. 47D(1)(d) substituted by No. 99/2005 s. 23. (d) the Minister has determined that the flow of water out of the storage is adequate having regard to the need to maintain the environmental water reserve in accordance with the environmental water reserve objective— the Minister may, by notice published in the Government Gazette, declare that an amount of water is unallocated water. (2) If the Minister has made a declaration under subsection (1), the Minister— (a) may by notice published in a newspaper circulating generally in the area concerned, declare that the unallocated water is available for purchase by any person holding the qualifications specified in the notice on the terms and conditions specified in the notice; and (b) must consult with the Authority responsible for delivery of the water before determining the terms and conditions of sale. (3) A declaration under subsection (2)(a) must— (a) specify a means referred to in section 43(a) of quantifying the amount of water; and (b) specify the adjustment, if any, of volumes to be applied to the transfer; and (c) specify that, if unallocated water is to be converted to a bulk entitlement after sale, the sale is void if the Order granting the bulk entitlement is disallowed by the Parliament under section 34; and (d) give details of the method by which the unallocated water is to be sold, whether at auction or by inviting tenders or in any other manner that the Minister thinks fit. (4) A transfer under this section is permanent. (5) Following a transfer under this section, the Minister must do any or all of the following as is appropriate in the circumstances— (a) grant a bulk entitlement to the purchaser by Order published in the Government Gazette; (b) amend a bulk entitlement held by the purchaser in accordance with section 44 or 45; S. 47D(5)(c) substituted by No. 99/2005 s. 44. (c) in the case of— (i) water in a non-declared water system, issue a licence under section 51 to the purchaser; or (ii) water in a declared water system, issue a water share under Part 3A to the purchaser; S. 47D(5)(d) substituted by No. 32/2010 s. 36. (d) ensure that details of the sale are given to the relevant Authority for entry on the water register. S. 47DA inserted by No. 32/2010 s. 37. 47DA Declaration for taking of water allocation under bulk entitlement in subsequent water season (1) The Minister may make a declaration in respect of a bulk entitlement to take water in a water system, authorising the taking of water that is entitled to be taken under any water allocation for the bulk entitlement in a subsequent water season. (a) bulk entitlements in a water system or part of a water system; or (b) a class or classes of bulk entitlements in a water system or part of a water system. (3) Any taking of water under a declaration of the Minister under subsection (1) is subject to— (a) the terms and conditions of the bulk entitlement to which the water allocation applies; and (4) The Minister must cause notice of the making of a declaration under subsection (1) to be published— (5) A declaration under subsection (1) has effect on the publication of notice of the making of the declaration in the Government Gazette. S. 47E inserted by No. 99/2005 s. 45.