103Temporary transfers

103 Temporary transfers

(1)  [Section 103 Subsection (1) amended by No. 56 of 2008, s. 49, Applied:11 Feb 2009] A person who is not a licensee may apply to the Minister for a temporary transfer of a water allocation of a licence.

(2)  [Section 103 Subsection (2) substituted by No. 56 of 2008, s. 49, Applied:11 Feb 2009] The application must be in accordance with section 12A .

(2A)  [Section 103 Subsection (2A) inserted by No. 56 of 2008, s. 49, Applied:11 Feb 2009] Section 95(4) does not apply to the application.

(3)  [Section 103 Subsection (3) amended by No. 56 of 2008, s. 49, Applied:11 Feb 2009] Where the Minister is satisfied that a temporary transfer of a water allocation is necessary to relieve a serious water shortage, the Minister may, in writing, approve the transfer for a period not exceeding 21 days.

(4)  The approval may be granted subject to such conditions as the Minister thinks fit having regard to the objectives of this Act and any relevant water management plan and, without limitation, a condition may limit the period before which a second or subsequent temporary transfer may be made to the applicant.

(5)  A transfer under this section may be refused for the same reasons that a transfer may be refused under section 98 .

(5A)  [Section 103 Subsection (5A) inserted by No. 56 of 2008, s. 49, Applied:11 Feb 2009] If subsection (5) applies, the Minister is to notify the applicant as soon as practicable of –

(a) the refusal; and

(b) the reasons for the refusal.

(6)  A temporary transfer of a water allocation is taken to revert to the transferor's licence on the expiration of the period of the transfer.