62Transfer of licence

62 Transfer of licence

S. 62(1) amended by Nos 5/2002 s. 31(1), 32/2010 s. 77(Sch.), substituted by No. 23/2019 s. 29.

(1) A licence issued under section 51(1) may be transferred—

(a) subject to any conditions set out in the licence or imposed under section 56 relating to the transfer of the licence, including any condition prohibiting the transfer of the licence to another property; and

(b) in accordance with this section.

S. 62(1A) inserted by No. 23/2019 s. 29.

(1A) If a licence that is suspended under section 60(1) is transferred, the licence remains suspended until the suspension ends or is lifted.

S. 62(1B) inserted by No. 23/2019 s. 29.

(1B) The Minister may lift all or part of a period of a suspension for a licence that is transferred under subsection (1) if the actions specified in the notice of suspension—

(a) are not able to be completed after the transfer; or

(b) are no longer relevant to the transferred licence.

(2) A transfer may be either permanent or temporary.

S. 62(2AA) inserted by No. 5/2002 s. 31(2), amended by No. 24/2013 s. 19(1).

(2AA) On the transfer or conveyance of land on which water is taken under a registration licence, the registration licence is deemed to be transferred to the successor in title to the owner of that land.

S. 62(2A) inserted by No. 62/1995 s. 23(1), amended by
No. 110/1997
s. 15(1).

(2A) If the Minister approves, a permanent or temporary transfer of a licence under section 51 may be made to the owner or occupier of land outside Victoria.

(3) A licensee may apply to the Minister for approval of the transfer of the licence.

S. 62(3A) inserted by No. 62/1995 s. 23(2).

(3A) Without limiting subsection (5), the Minister may approve a transfer referred to in subsection (2A), having regard to the effect of the transfer on usage of water, the impact of subsidies and any other matter that the Minister considers relevant.

(4) An application must—

S. 62(4)(c) amended by No. 110/1997 s. 17(4).

S. 62(5) amended by No. 99/2005 s. 29(1).

(5) In considering an application, the Minister must have regard to the matters mentioned in section 53.

S. 62(5A) inserted by No. 24/2013 s. 19(2).

(5A) Subsection (5) does not apply if the application is for approval of a permanent transfer of a licence to a successor in title to the owner of the land to which the licence relates.

S. 62(6) amended by No. 62/1995 s. 23(3), substituted by No. 99/2006 s. 29(2).