48KAmendment of entitlement by the Minister

48K Amendment of entitlement by the Minister S. 48K(1) substituted by No. 85/2006 s. 28, amended by No. 50/2010 s. 15(1). (1) The Minister, at the request of the Water Holder, may amend an entitlement under this Division. S. 48K(2) substituted by No. 85/2006 s. 28, amended by No. 50/2010 s. 15(2). (2) The Water Holder must not request an amendment to an entitlement under this Division unless the Water Holder is of the opinion that the amendment would benefit the environmental water reserve. S. 48K(3) substituted by No. 85/2006 s. 28. (3) An amendment to an entitlement under this section must be made by instrument and published in the Government Gazette. S. 48K(4) amended by No. 32/2010 s. 77(Sch.). (4) The provisions of this Division relating to the procedure to be followed with respect to a request for the allocation of an entitlement under this Division apply, with any necessary modifications, with respect to a request for an amendment under this section that is not for an amendment that is necessary because of— (a) a mistake in the description in any element of the entitlement; or (b) a minor variation arising from practical operations. S. 48KA inserted by No. 85/2006 s. 29, amended by No. 50/2010 s. 16. 48KA Water allocations may be applied for other environmental entitlements The Water Holder, after consulting the Minister, may apply a water allocation (that has been determined by an Authority for an environmental entitlement in a water system) for the purposes of an environmental entitlement that is not the environmental entitlement in the water system for which the water allocation was determined. S. 48L (Heading) amended by No. 85/2006 s. 30(1). S. 48L inserted by No. 99/2005 s. 24. 48L Assignment of water allocation S. 48L(1) substituted by No. 85/2006 s. 30(2), amended by No. 50/2010 s. 17(1), substituted by No. 28/2014 s. 14. (1) The Water Holder, by instrument, may assign the whole or a part of a water allocation available under an environmental entitlement (at the time at which the assignment is made) to any person. S. 48L(1A) inserted by No. 85/2006 s. 30(2), substituted by No. 50/2010 s. 17(2). (1A) The Water Holder must not assign a water allocation under subsection (1) unless the Water Holder has first obtained the approval of— (b) any Authority whose works will be used to deliver the water. S. 48L(1B) inserted by No. 85/2006 s. 30(2), substituted by No. 48/2021 s. 53. (1B) An assignment under this section has the effect of assigning water made available under the water allocation to the person to whom the assignment is made from the date specified in the assignment. S. 48L(2) substituted by No. 50/2010 s. 17(3). (2) The Minister, in approving 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) the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; or (b) whether the assignment is in accordance with any relevant rules made under section 48P. S. 48M inserted by No. 99/2005 s. 24, amended by Nos 85/2006 s. 31(1)(2) (ILA s. 39B(1)), 50/2010 s. 18. 48M Further assignment of water allocation S. 48M(1) substituted by No. 28/2014 s. 15. (1) A person to whom the whole or a part of a water allocation has been assigned under section 48L, or under this section, may assign the whole of the assigned allocation to any person. S. 48M(2) inserted by No. 85/2006 s. 31(2), substituted by No. 48/2021 s. 54. (2) An assignment under this section has the effect of assigning water made available under the water allocation to the person to whom the assignment is made from the date specified in the assignment. S. 48MA inserted by No. 32/2010 s. 40. 48MA Declaration for taking of water allocation under environmental entitlement in subsequent water season (1) The Minister may make a declaration in respect of an environmental entitlement to apply water in a water system, authorising the application of water available to be applied under any water allocation for the environmental entitlement in a subsequent water season. (a) environmental entitlements in a water system or part of a water system; or (b) a class or classes of environmental entitlements in a water system or part of a water system. (3) Any application of water under a declaration of the Minister under subsection (1) is subject to— (a) the terms and conditions of the environmental 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— (a) published in the Government Gazette; and (5) A declaration under subsection (1) has effect on the publication of notice of the making of the declaration in the Government Gazette. S. 48N inserted by No. 99/2005 s. 24. 48N Offence to give an assignment without Ministerial approval A person must not assign a water allocation under section 48M unless the Minister has approved the assignment. S. 48O inserted by No. 99/2005 s. 24. 48O Ministerial approval S. 48O(1) substituted by No. 85/2006 s. 32(1). S. 48O(1)(a) amended by No. 50/2010 s. 19. (a) on a request from the Water Holder, approve the assigning of a water allocation for the purposes of section 48L; or (b) on an application by a person, approve the assigning of a water allocation for the purposes of section 48M. (2) The Minister must not give an approval under subsection (1) for any prescribed reason. (3) In giving an approval under subsection (1), the Minister must have regard to any relevant rules determined under section 48P. S. 48O(4) repealed by No. 85/2006 s. 32(2). S. 48OAA inserted by No. 48/2021 s. 55. 48OAA 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 an environmental entitlement or part of an environmental entitlement) assigned to the person under section 48L or further assigned to the person under section 48M. (2) The water allocation forms part of the estate of the deceased person. (3) An assignment of the water allocation under section 48L or a further assignment of the water allocation under section 48M 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. 48OA inserted by No. 50/2010 s. 20. 48OA Transfer of environmental entitlement (1) The Water Holder may, by instrument, apply to transfer the whole or a part of an environmental entitlement, to any person. (2) The Water Holder must not transfer an environmental entitlement under subsection (1) unless the Water Holder has first applied for and obtained the approval of the Minister. S. 48OB inserted by No. 50/2010 s. 20. 48OB Ministerial approval for transfer (1) Subject to this section, the Minister may, on application by the Water Holder under section 48OA(2), approve a transfer under that section. (2) The Minister must not approve a transfer of the whole or a part of an environmental entitlement under this section unless the Minister has first obtained the approval of the environment Minister. (3) The Minister, in considering whether or not to approve the transfer must have regard to— (a) any of the matters mentioned in section 40(1); and (b) whether the transfer is in accordance with any relevant rules made under section 48P. (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 allocating the entitlement under this Division. S. 48OC inserted by No. 50/2010 s. 20. 48OC Sale of environmental entitlement (1) For the purposes of transferring an environmental entitlement under section 48OA, the Water Holder has the power to sell the whole or part of the entitlement— (c) in any other manner it thinks fit. (2) If the Water Holder decides to sell the whole or part of the entitlement under this section, the Water Holder must cause a notice to be published in the Government Gazette and in a newspaper circulating generally in the area concerned— (a) declaring that the environmental entitlement, or a part of the environmental entitlement, is available for purchase; and (b) giving details of the method by which the environmental entitlement or part is to be sold. S. 48OD inserted by No. 50/2010 s. 20. 48OD Effect of transfer of environmental entitlement (1) For the purposes of the transfer of an environmental entitlement or a part of an environmental entitlement under this Division, the Minister, by notice published in the Government Gazette— (a) must determine the right or entitlement under this Act that the transferred entitlement is to become; and (b) may determine any conditions that are to apply to the specified right or entitlement. (2) The Minister must not determine a right or entitlement under subsection (1) that the person to whom it is being transferred is not otherwise capable of holding. (3) On the publication of the notice under subsection (1), the entitlement or part that has been transferred becomes the right or entitlement determined by the Minister and is taken to have been granted in accordance with this Act to the person to whom the entitlement has been transferred. (4) On the publication of the notice under subsection (1), in the case of the transfer of a part of an environmental entitlement, the transfer has, in respect of the environmental entitlement from which it is to be transferred, the effect that the environmental entitlement is taken to be varied in accordance with this Act to remove that part of the entitlement that is transferred. (5) In making a determination of a right or entitlement under this section, the Minister is not required to comply with any other provisions of this Act. S. 48OE inserted by No. 50/2010 s. 20. 48OE Application for conversion of licences or water shares to environmental entitlements (1) If the Water Holder holds a water share or licence under section 51, the Water Holder may apply to the Minister to have the water share or licence converted to an environmental entitlement under this Division. (2) The Water Holder must apply to the Minister to have a water share or licence under section 51 converted to an environmental entitlement under this Division, if requested to do so by the Minister. S. 48OF inserted by No. 50/2010 s. 20. 48OF Minister may convert licence or water share to environmental entitlement (1) Subject to this section, the Minister may convert a water share or licence under section 51 that is held by the Water Holder to an environmental entitlement under this Division on receiving an application from the Water Holder under section 48OE. (2) In considering an application for conversion under section 48OE, the Minister may have regard to any matter referred to in section 40(1)(a) to (o). S. 48OG inserted by No. 50/2010 s. 20. 48OG Effect of conversion (1) On determining that a licence under section 51 or water share is converted to an environmental 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 environmental entitlement to add the amount of water that may be taken and used in accordance with the licence; or (ii) create a new environmental 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 environmental entitlement to add the maximum volume of the water share; or (ii) create a environmental bulk entitlement with the maximum volume of the water share. (2) The Minister may impose any terms and conditions on the environmental entitlement created or amended under subsection (1) that the Minister thinks fit. (3) In creating or amending an environmental entitlement under this section, the Minister is not required to comply with any other provisions of this Act. S. 48P inserted by No. 99/2005 s. 24. 48P Rule making powers for environmental entitlements (a) with respect to adjustment of volumes to be applied to, assignments of water allocations under entitlements under this Division; and (b) as to the circumstances in which the consent of any Authority under this Act will be required to assignments under this Division; and (c) as to any matters relating to applications under this Division; and (d) as to the circumstances in which the Minister will give or refuse to give approvals under this Division; and S. 48PA inserted by No. 85/2006 s. 33, amended by No. 50/2010 s. 21(a). 48PA Applications under this Division An application to the Minister under this Division— (a) must be in the form and made in the manner approved by the Minister; and S. 48PA(ab) inserted by No. 50/2010 s. 21(b). (ab) must contain any information that is required by the Minister; and (b) must be accompanied by the prescribed fee. S. 48PB inserted by No. 85/2006 s. 33, amended by No. 32/2010 s. 41, repealed by No. 50/2010 s. 22(2). S. 48Q inserted by No. 99/2005 s. 24, repealed by No. 50/2010 s. 22(2). Division 2—Licences