101Power to impose conditions on transfer

101 Power to impose conditions on transfer

(1)  The Minister may approve a transfer subject to conditions if satisfied that they are required to give effect to section 97(2) .

(2)  Without limitation, the conditions may include –

(a) a reduction in a water allocation of the transferred licensee; and

(b) in the case of an application for the transfer of part of a water allocation of a licence to another licensee, a requirement that a water allocation of the receiving licence be a quantity fixed by the Minister that is less than the allocation of the transferring licensee; and

(c) a variation of any condition of either or both of the licences.

(3)  Where, following the transfer of a licence or part of the water allocation of a licence, it is intended that the water will be taken from a different part of the water resource, the Minister may exercise his or her powers under this section –

(a) to ensure that the demand for water from the part of the water resource from which the water is to be taken does not prejudice other licensees by exceeding the availability of water in that part of the water resource; or

(b) to reflect the loss to the water resource of part of the water to which the transferred licence or water allocation relates by reason of evaporation or any other cause as the water flows to the part of the resource from which it is to be taken.

(4)  Where the Minister has notified the applicant in writing that he or she intends to vary a water allocation or the conditions of a licence under this section, the applicant may withdraw the application within 7 days by giving a notice in writing to the Minister to that effect.