36Licences based on existing unregulated river access licences

36 Licences based on existing unregulated river access licences

36 Licences based on existing unregulated river access licences

(1) This section applies to an eligible floodplain landholder if—

(a) an entitlement or an entitlement and one or more bore licences was, on or after 1 July 1993 and on or before 30 June 1999, in force in relation to the land on which the floodplain landholder’s eligible water supply work is located, and

(b) the entitlement was replaced by an unregulated river access licence under the Act, Schedule 10, and

(c) the bore licences, if any, were replaced by aquifer access licences under the Act, Schedule 10, and

(d) section 35 does not apply to the eligible floodplain landholder.

(2) The Minister must determine the share component of a replacement floodplain harvesting access licence for the eligible floodplain landholder by—

(a) deducting the authorised area from the maximum crop area in the relevant year, and

(b) multiplying the result by the crop conversion rate for the crop grown in the relevant year, and

(c) deducting the greater of the following for the relevant year under the bore licences, expressed in megalitres—

(i) the metered groundwater usage,

(ii) the entitlement.

(3) For subsection (2)(c), 1ML is taken to be 1 unit of a share component.

(4) The share component of the replacement floodplain harvesting access licence is zero if the result under subsection (2) is less than or equal to zero.

(5) In this section—

authorised area means the area in hectares of the eligible floodplain landholder’s land authorised to be irrigated under the entitlement referred to in subsection (1), immediately before the entitlement was replaced with an unregulated river access licence.