sec.1216Transfer notice

### sec.1216 Transfer notice For the purpose of the scheme, the Minister may, by gazette notice (a transfer notice ), do any of the following— replace a relevant authority with— 1 or more authorities to take water; or 1 or more authorities to take and interfere with water; or 1 or more authorities to take water and 1 or more authorities to take and interfere with water; transfer an authority mentioned in paragraph (a)(i), (ii) or (iii) from a transferring entity to a receiving entity; transfer a limited water authority from a transferring entity to a receiving entity; replace a limited authority with 2 or more authorities to take water; transfer an authority to take water mentioned in paragraph (d) from a transferring entity to a receiving entity; impose requirements on any of the authorities replaced or transferred under this section, including requirements about— the volume of water that may be taken under the authority by a receiving entity; and the purpose for which the water taken under the authority by a receiving entity may be used; make provision about the application of instruments to a transferring entity or receiving entity including— whether the transferring entity or receiving entity is a party to an instrument; and whether an instrument is taken to have been made by the transferring entity or receiving entity, or given to, by or in favour of the transferring entity or receiving entity; and whether a reference to an entity in an instrument is a reference to the transferring entity or receiving entity; and whether, under an instrument, an amount is or may become payable to or by the transferring entity or receiving entity, or other property is, or may be, transferred to or by the transferring entity or receiving entity; and make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for effectively carrying out the scheme. Subsection (3) applies if a relevant authority or a limited authority is, under a transfer notice, replaced with 1 or more other authorities to take or interfere with water (each a new authority ). The Minister must be satisfied the conditions under which water may be taken or interfered with under the new authorities are at least as restrictive as the cumulative effect of the conditions on the relevant authority or limited authority. Without limiting subsection (3), the conditions under which water may be taken or interfered with under the new authorities must not— increase the total amount of water that may be taken; or increase the rate at which water may be taken; or change the flow conditions under which water may be taken; or increase the interference with the flow of water. A transfer notice has effect despite any other law or instrument. A transfer notice has effect on the day it is published in the gazette or a later day stated in it. In this section— instrument includes an agreement for an entity to supply water to another entity. s 1216 ins 2012 No. 39 s 77 (sec.1216-ssec.1) For the purpose of the scheme, the Minister may, by gazette notice (a transfer notice ), do any of the following— replace a relevant authority with— 1 or more authorities to take water; or 1 or more authorities to take and interfere with water; or 1 or more authorities to take water and 1 or more authorities to take and interfere with water; transfer an authority mentioned in paragraph (a)(i), (ii) or (iii) from a transferring entity to a receiving entity; transfer a limited water authority from a transferring entity to a receiving entity; replace a limited authority with 2 or more authorities to take water; transfer an authority to take water mentioned in paragraph (d) from a transferring entity to a receiving entity; impose requirements on any of the authorities replaced or transferred under this section, including requirements about— the volume of water that may be taken under the authority by a receiving entity; and the purpose for which the water taken under the authority by a receiving entity may be used; make provision about the application of instruments to a transferring entity or receiving entity including— whether the transferring entity or receiving entity is a party to an instrument; and whether an instrument is taken to have been made by the transferring entity or receiving entity, or given to, by or in favour of the transferring entity or receiving entity; and whether a reference to an entity in an instrument is a reference to the transferring entity or receiving entity; and whether, under an instrument, an amount is or may become payable to or by the transferring entity or receiving entity, or other property is, or may be, transferred to or by the transferring entity or receiving entity; and make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for effectively carrying out the scheme. (sec.1216-ssec.2) Subsection (3) applies if a relevant authority or a limited authority is, under a transfer notice, replaced with 1 or more other authorities to take or interfere with water (each a new authority ). (sec.1216-ssec.3) The Minister must be satisfied the conditions under which water may be taken or interfered with under the new authorities are at least as restrictive as the cumulative effect of the conditions on the relevant authority or limited authority. (sec.1216-ssec.4) Without limiting subsection (3), the conditions under which water may be taken or interfered with under the new authorities must not— increase the total amount of water that may be taken; or increase the rate at which water may be taken; or change the flow conditions under which water may be taken; or increase the interference with the flow of water. (sec.1216-ssec.5) A transfer notice has effect despite any other law or instrument. (sec.1216-ssec.6) A transfer notice has effect on the day it is published in the gazette or a later day stated in it. (sec.1216-ssec.7) In this section— instrument includes an agreement for an entity to supply water to another entity. - (a) replace a relevant authority with— (i) 1 or more authorities to take water; or (ii) 1 or more authorities to take and interfere with water; or (iii) 1 or more authorities to take water and 1 or more authorities to take and interfere with water; - (i) 1 or more authorities to take water; or - (ii) 1 or more authorities to take and interfere with water; or - (iii) 1 or more authorities to take water and 1 or more authorities to take and interfere with water; - (b) transfer an authority mentioned in paragraph (a)(i), (ii) or (iii) from a transferring entity to a receiving entity; - (c) transfer a limited water authority from a transferring entity to a receiving entity; - (d) replace a limited authority with 2 or more authorities to take water; - (e) transfer an authority to take water mentioned in paragraph (d) from a transferring entity to a receiving entity; - (f) impose requirements on any of the authorities replaced or transferred under this section, including requirements about— (i) the volume of water that may be taken under the authority by a receiving entity; and (ii) the purpose for which the water taken under the authority by a receiving entity may be used; - (i) the volume of water that may be taken under the authority by a receiving entity; and - (ii) the purpose for which the water taken under the authority by a receiving entity may be used; - (g) make provision about the application of instruments to a transferring entity or receiving entity including— (i) whether the transferring entity or receiving entity is a party to an instrument; and (ii) whether an instrument is taken to have been made by the transferring entity or receiving entity, or given to, by or in favour of the transferring entity or receiving entity; and (iii) whether a reference to an entity in an instrument is a reference to the transferring entity or receiving entity; and (iv) whether, under an instrument, an amount is or may become payable to or by the transferring entity or receiving entity, or other property is, or may be, transferred to or by the transferring entity or receiving entity; and (v) make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for effectively carrying out the scheme. - (i) whether the transferring entity or receiving entity is a party to an instrument; and - (ii) whether an instrument is taken to have been made by the transferring entity or receiving entity, or given to, by or in favour of the transferring entity or receiving entity; and - (iii) whether a reference to an entity in an instrument is a reference to the transferring entity or receiving entity; and - (iv) whether, under an instrument, an amount is or may become payable to or by the transferring entity or receiving entity, or other property is, or may be, transferred to or by the transferring entity or receiving entity; and - (v) make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for effectively carrying out the scheme. - (i) 1 or more authorities to take water; or - (ii) 1 or more authorities to take and interfere with water; or - (iii) 1 or more authorities to take water and 1 or more authorities to take and interfere with water; - (i) the volume of water that may be taken under the authority by a receiving entity; and - (ii) the purpose for which the water taken under the authority by a receiving entity may be used; - (i) whether the transferring entity or receiving entity is a party to an instrument; and - (ii) whether an instrument is taken to have been made by the transferring entity or receiving entity, or given to, by or in favour of the transferring entity or receiving entity; and - (iii) whether a reference to an entity in an instrument is a reference to the transferring entity or receiving entity; and - (iv) whether, under an instrument, an amount is or may become payable to or by the transferring entity or receiving entity, or other property is, or may be, transferred to or by the transferring entity or receiving entity; and - (v) make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for effectively carrying out the scheme. - (a) increase the total amount of water that may be taken; or - (b) increase the rate at which water may be taken; or - (c) change the flow conditions under which water may be taken; or - (d) increase the interference with the flow of water.