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Water Act 1992
71Contravention of notice
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71 Contravention of notice
(a) is served with a notice under section 70; and
(b) contravenes a direction of the notice.
(5) For subsection (1), it is immaterial if the contents of the notice are
inconsistent with or contrary to a term or condition of a licence,
permit or other authorisation granted under this Act or another Act.
71AA Transfer of entitlements to water
(1) The holder (the seller) of a water extraction licence may apply to
the Controller to approve a transfer of all or part of the holder's
entitlement to water under the licence to one or more other holders
(the buyer) of a licence granted in respect of the same water
resource.
Example for subsection (1)
A licence holder does not use the entire water entitlement under the licence and
wishes to sell a portion of it to a farmer who holds a licence to extract water from
the same water resource.
(2) The application must be in a form approved by the Controller.
(3) The Controller must approve or refuse to approve the transfer of
water entitlement and give the seller and the buyer written notice of
the decision.
(4) If the Controller approves the transfer of water entitlement, the
transfer takes effect on the later of:
(a) the day after the approval is given; or
(b) the date of transfer specified in the application.
Water Act 1992 59
71AB Amendment of licences if transfer approved
(1) If the Controller approves an application made under
section 71AA(1), the Controller must amend the licences to:
(a) reduce the seller's entitlement to water; and
(b) increase the buyer's entitlement to water by no more than the
reduction in the seller's entitlement under paragraph (a).
(2) An amendment to a licence under subsection (1) is not a decision
to which section 90 applies.