95Transfer of licences and water allocations

95 Transfer of licences and water allocations

(1)  [Section 95 Subsection (1) amended by No. 48 of 2002, s. 4, Applied:01 Jan 2000] [Section 95 Subsection (1) substituted by No. 56 of 2008, s. 45, Applied:11 Feb 2009] The holder of a licence or a person entitled under section 106(7) may, subject to this Division and the conditions of the licence, transfer –

(a) the licence (including any water allocation of the licence); or

(b) a water allocation of the licence.

(1A)  [Section 95 Subsection (1A) inserted by No. 56 of 2008, s. 45, Applied:11 Feb 2009] However, a transfer under subsection (1) requires and is ineffective without the Minister's approval unless, in the case of subsection (1)(b) , the Minister is the transferee.

(2)  A transfer of a licence or water allocation may be made only under this section, section 103 , 120 or 121 .

(3)  [Section 95 Subsection (3) amended by No. 12 of 2004, s. 26, Applied:09 Jun 2004] The transfer of a licence or water allocation under subsection (1) may be conditional and may also be absolute or for a limited period.

(4)  A person who does not hold a licence and who proposes to receive a water allocation by a transfer under subsection (1)(b) must, on applying for the transfer, also apply to the Minister for a licence and, on approval by the Minister, the transferred allocation becomes an allocation specified on that licence.

(5)  [Section 95 Subsection (5) substituted by No. 56 of 2008, s. 45, Applied:11 Feb 2009] Where a transfer under this section is for a limited period, the transfer is to be effected by a Ministerial endorsement on the transferring and receiving licences.