sec.158Water allocation dealing rules

### sec.158 Water allocation dealing rules A regulation may prescribe water allocation dealing rules applying to whole of the State. A water management protocol may state water allocation dealing rules applying to the relevant water plan area. The rules must not allow a water allocation dealing that would— for a water allocation managed under a resource operations licence— increase the water allocation’s share of the water the resource operations licence holder has available to supply the water allocations managed under the licence; or increase the water the resource operations licence holder has available to supply the water allocations managed under the licence; or for a water allocation not managed under a resource operations licence— change the nominal volume for the water allocation; or increase the share of the water available to be taken under the water allocation. Water allocation dealing rules may— state the types of water allocation dealings that are permitted under the rules; and state types of water allocation dealings that must be assessed against stated criteria under the rules; and state the types of water allocation dealings that are prohibited under the rules. The rules must prescribe or state the process relating to— the making of an application for a water allocation dealing; and deciding an application for a water allocation dealing by the chief executive if the dealing is a type that must be assessed. Without limiting subsection (5) , the process may state the following— the way an application must be made; that an application must be accompanied by a fee; the requirements for publishing notice of the application; that the applicant must pay the reasonable costs incurred by the chief executive in investigating the application; how the chief executive is to decide the application and give notice of the chief executive’s decision to the applicant. s 158 ins 2014 No. 64 s 68 amd 2018 No. 24 s 282 sch 1 (sec.158-ssec.1) A regulation may prescribe water allocation dealing rules applying to whole of the State. (sec.158-ssec.2) A water management protocol may state water allocation dealing rules applying to the relevant water plan area. (sec.158-ssec.3) The rules must not allow a water allocation dealing that would— for a water allocation managed under a resource operations licence— increase the water allocation’s share of the water the resource operations licence holder has available to supply the water allocations managed under the licence; or increase the water the resource operations licence holder has available to supply the water allocations managed under the licence; or for a water allocation not managed under a resource operations licence— change the nominal volume for the water allocation; or increase the share of the water available to be taken under the water allocation. (sec.158-ssec.4) Water allocation dealing rules may— state the types of water allocation dealings that are permitted under the rules; and state types of water allocation dealings that must be assessed against stated criteria under the rules; and state the types of water allocation dealings that are prohibited under the rules. (sec.158-ssec.5) The rules must prescribe or state the process relating to— the making of an application for a water allocation dealing; and deciding an application for a water allocation dealing by the chief executive if the dealing is a type that must be assessed. (sec.158-ssec.6) Without limiting subsection (5) , the process may state the following— the way an application must be made; that an application must be accompanied by a fee; the requirements for publishing notice of the application; that the applicant must pay the reasonable costs incurred by the chief executive in investigating the application; how the chief executive is to decide the application and give notice of the chief executive’s decision to the applicant. - (a) for a water allocation managed under a resource operations licence— (i) increase the water allocation’s share of the water the resource operations licence holder has available to supply the water allocations managed under the licence; or (ii) increase the water the resource operations licence holder has available to supply the water allocations managed under the licence; or - (i) increase the water allocation’s share of the water the resource operations licence holder has available to supply the water allocations managed under the licence; or - (ii) increase the water the resource operations licence holder has available to supply the water allocations managed under the licence; or - (b) for a water allocation not managed under a resource operations licence— (i) change the nominal volume for the water allocation; or (ii) increase the share of the water available to be taken under the water allocation. - (i) change the nominal volume for the water allocation; or - (ii) increase the share of the water available to be taken under the water allocation. - (i) increase the water allocation’s share of the water the resource operations licence holder has available to supply the water allocations managed under the licence; or - (ii) increase the water the resource operations licence holder has available to supply the water allocations managed under the licence; or - (i) change the nominal volume for the water allocation; or - (ii) increase the share of the water available to be taken under the water allocation. - (a) state the types of water allocation dealings that are permitted under the rules; and - (b) state types of water allocation dealings that must be assessed against stated criteria under the rules; and - (c) state the types of water allocation dealings that are prohibited under the rules. - (a) the making of an application for a water allocation dealing; and - (b) deciding an application for a water allocation dealing by the chief executive if the dealing is a type that must be assessed. - (a) the way an application must be made; - (b) that an application must be accompanied by a fee; - (c) the requirements for publishing notice of the application; - (d) that the applicant must pay the reasonable costs incurred by the chief executive in investigating the application; - (e) how the chief executive is to decide the application and give notice of the chief executive’s decision to the applicant.