121Transfer of water allocations

121 Transfer of water allocations

[Section 121 Substituted by No. 48 of 2002, s. 5, Applied:01 Jan 2000]

(1)  A special licensee may transfer the water allocation of the special licence to any person without any approval being required if –

(a) the licence is endorsed with a statement that this section applies to the licence; and

(b) the water allocation is to be taken from a water resource specified in the licence for the purposes of this section or from a water resource situated in an area so specified.

(2)  [Section 121 Subsection (2) amended by No. 12 of 2004, s. 32, Applied:09 Jun 2004] Except as provided in subsection (1) , Division 4 , other than section 95(6) , applies to the transfer of a water allocation of a special licence.

(3)  Where a transfer of a water allocation of a special licence is absolute, the relevant licences are taken to be varied accordingly.

(4)  A person who does not hold a licence and who receives a water allocation by a transfer under subsection (1) must, before using the allocation, obtain a licence in which the water allocation is specified.

(5)  The Minister may issue a licence in which a water allocation transferred under subsection (1) is the only water allocation specified.

(6)  On a transfer under subsection (1) , a special licensee must provide the Minister, within 14 days and in writing, with full particulars of the transfer.

Penalty:  Fine not exceeding 10 penalty units.

(7)  This section does not apply to the transfer of a water allocation by the Hydro-Electric Corporation where the transferred water is to be taken for irrigation unless the Advisory Committee, by notice published in the Gazette, determines otherwise.

(8)  The Advisory Committee may make a determination in respect of a particular water allocation or water allocations of a particular type.