Part 2Conversion of Part 11 rights

Part 2—Conversion of Part 11 rights 3 Definition ***managing Authority***, in relation to a holding, means the Authority responsible for managing the irrigation district in which the holding is situated. 4 Conversion of water right and domestic and stock right (prior joint right) Sch. 15 cl. 4(1) amended by No. 85/2006 s. 139. (1) On and from the appointed day for a water system, the following subclauses apply to each prior joint right within the water system, that does not relate to Crown land. (2) The holder of each prior joint right is deemed to be the owner of a water share, deemed to be issued under section 33F— (a) that authorises water to be taken at the maximum volume that is the sum of— (i) the volume for the part of the prior joint right that is the prior water right; and (ii) the volume for the part of the prior joint right that is the prior domestic and stock right— as shown in the relevant prior holdings register (immediately before the appointed day); and (3) The holder of each prior joint right is deemed to be, the holder of a water-use licence, deemed to be granted under section 64L, for each combined parcel of land that comprised the holding and for each other parcel of land that comprised the holding, that authorises water to be used— (4) The holder of each prior joint right is deemed to be entitled to the service of having water delivered by the managing Authority under section 222(1) (as in force on and from the appointed day)— (b) at the volume that is the proportion (as specified in the conversion rules) of the volume that is the sum of the volume of the prior water right and prior domestic and stock right immediately before the appointed day, or any other method that is set out in the conversion rules; and and for the purposes of Part 11, the matters determined under paragraphs (b) and (c) are deemed to have been determined under section 223. (5) If a prior joint right is held by more than one person, the proportions of ownership of the water share by each holder of the right are to be determined in the manner set out in clause 17. 5 Conversion of water right only (prior water right) Sch. 15 cl. 5(1) amended by No. 85/2006 s. 140. (1) On and from the appointed day for a water system, the following subclauses apply to each prior water right within the water system, that does not relate to Crown land. (2) The holder of each prior water right is deemed to be the owner of a water share, deemed to be issued under section 33F— (a) that authorises water to be taken at the maximum volume that is the same as that shown for the prior water right in the relevant prior holdings register (immediately before the appointed day); and (3) The holder of each prior water right is deemed to be, the holder of a water-use licence, deemed to be granted under section 64L, for each combined parcel of land that comprised the holding and for each other parcel of land that comprised the holding, that authorises water to be used— Sch. 15 cl. 5(4) amended by No. 85/2006 s. 141. (4) The holder of each prior water right is deemed to be entitled to the service of having water delivered by the managing Authority under section 222(1) (as in force on and from the appointed day)— (b) at the volume that is the proportion (as specified in the conversion rules) of the prior water right immediately before the appointed day, or that is determined in accordance with any other method that is set out in the conversion rules; and and for the purposes of Part 11 of this Act, the matters determined under paragraphs (b) and (c) are deemed to have been determined under section 223. (5) If a prior water right is held by more than one person, the proportions of ownership of the water share by each holder of the right are to be determined in the manner set out in clause 17. 6 Conversion of domestic and stock allowance (prior domestic and stock right) Sch. 15 cl. 6(1) amended by No. 85/2006 s. 142. (1) On and from the appointed day for a declared water system, the following subclauses apply to each prior domestic and stock right within the water system, that does not relate to Crown land. (2) The holder of each prior domestic and stock right is deemed to be the owner of a water share, deemed to be issued under section 33F— (a) that authorises water to be taken at the maximum volume that is the same as that shown for the prior domestic and stock right in the relevant prior holdings register (immediately before the appointed day); and **Entitlement to water-use registration** (3) The holder of each prior domestic and stock right is deemed to be, the holder of a water-use registration, deemed to be granted under section 64AP, for each combined parcel of land that comprised the holding and for each other parcel of land that comprised the holding, that authorises water to be used— Sch. 15 cl. 6(4) amended by No. 85/2006 s. 143. (4) The holder of each prior domestic and stock right is deemed to be entitled to the service of having water delivered by the managing Authority under section 222(1) (as in force on and from the appointed day)— (b) at the volume that is the proportion (as specified in the conversion rules) of the prior domestic and stock right immediately before the appointed day, or that is determined in accordance with any other method that is set out in the conversion rules; and and for the purposes of Part 11, the matters determined under paragraphs (b) and (c) are deemed to have been determined under section 223. (5) If a prior domestic and stock right is held by more than one person, the proportions of ownership of the water share by each holder of the right are to be determined in the manner set out in clause 17. 7 Prior 222(1)(c) sales water agreements (1) On and from the appointed day for a water system, the following subclauses apply to each prior 222(1)(c) sales water agreement entered into by the Authority responsible for managing the water system. (2) The owner of the holding in respect of which the agreement was entered into is deemed to be the owner of a water share, deemed to be issued under section 33F— (a) that authorises water to be taken at the maximum volume that is the proportion (as specified in the conversion rules) of the volume of the prior water right shown in the prior holdings register (immediately before the appointed day); and (3) If a prior 222(1)(c) sales water agreement has been entered into in respect of a holding owned by more than one person, the proportions of ownership of the water share by each owner of the holding are to be the same as the proportions determined for each such owner for the prior joint right or prior water right (as the case requires) applying to the holding. 8 Holdings to which no rights apply (1) A managing Authority must provide to an applicant under subclause (2), the service of delivering to the land specified under subclause (2), the volumes of water during the periods determined in accordance with the conversion rules applying to the water system. Sch. 15 cl. 8(2) amended by No. 85/2006 s. 144. (2) A person who was, immediately before the appointed day for a declared water system, the owner of a holding that was serviced by the water system, being a holding in respect of which there was no prior water right or prior joint right, may, within 6 months or any other period (not being more than 12 months) specified in the conversion rules of the appointed day for the water system, apply to the managing Authority for the provision of a service under subclause (1) to the land that comprised the holding immediately before the appointed day. 9 Other interest holders (1) On the appointed day for a water system, if the registered proprietor of land in a holding in the water system is a life tenant, the life tenant is deemed to be the holder of a limited term transfer of the water share, in respect of the land, that the owner of the land is deemed to be the holder of under this Schedule. (2) A limited term transfer under subclause (1) continues in force, despite any other provision of this Act, until the cessation of the life tenancy. Sch. 15 cl. 9(2A) inserted by No. 32/2010 s. 75. (2A) Section 33AV(4) does not apply to a limited term transfer under subclause (1). (3) If, immediately before the appointed day for a water system— (a) a purchaser under a terms contract of a holding in the water system is— (i) in occupation of the holding; and (ii) entitled to water, on or after that day under the terms of the contract; and (b) the vendor under the contract is on and from the appointed day deemed to be the holder of a water share in respect of the holding under this Schedule— on and from the appointed day, the purchaser is deemed to be the holder of a limited term transfer, if the Minister, on application, so approves before the appointed day. (4) A limited term transfer under subsection (3) continues in force for so long as the purchaser is entitled to receive water under the contract. (5) The vendor or purchaser under a terms contract of a holding in a water system may apply to the Minister for approval under subsection (3), before the appointed day, in the form approved by the Minister. 10 Water share deemed to be associated water share On and from the appointed day for a water system, a water share in the system that is deemed to be owned by a person— (a) under clause 4, 5 or 6, is deemed to be determined to be an associated water share under Division 10, that is associated with the land specified in the water-use licence or water-use registration (as the case requires) that that person is deemed to be the holder of under that section; and (b) under clause 7 is deemed to be determined to be an associated water share under Division 10, that is associated with the land specified in the water-use licence that that person is deemed to be the holder of under clause 4, 5 or 6, as the case requires. 11 Application of section 64AE For the purposes of Division 6 of Part 4B, a condition that a water-use licence is deemed to be subject to by clause 4, 5 or 6— (a) is deemed to be a particular condition imposed under Division 5 of Part 4B; and (b) is deemed to have been imposed before any standard water-use condition applying to that licence. Sch. 15 cl. 12 amended by No. 85/2006 s. 145. 12 Properties deemed to be serviced properties Where, under this Part, an owner of a parcel of land is deemed to be entitled to the service of having water delivered to a place or places determined by a managing Authority for the purposes of use on the parcel of land, the parcel of land is deemed to be serviced property within the meaning of section 220.