Division 4C Transfer of water allocations

20AG   Interpretation

(1)  This Division shall be construed with, and as if it formed part of, Division 4B.

(2)  A reference in this Division to the holder of an entitlement includes a reference to a person who is an applicant for an entitlement.

20AH   Water allocation may be transferred

(1)  The holder of an entitlement (in this Division referred to as the transferor) may, with the approval of the Ministerial Corporation, transfer the whole, or part, of the water allocation for the entitlement to the holder of another entitlement (in this Division referred to as the transferee).

(2)  A transfer may be a temporary transfer for a limited period before the transferred water allocation reverts to the transferor or may be a transfer without limitation as to duration.

(3)  A transfer may be effected between different schemes only if the Ministerial Corporation is satisfied:

(a)  that the transfer would not result in the transferee’s scheme being subjected to an unacceptable commitment, and

(b)  that such other conditions as may be prescribed have been complied with.

20AI   Application for transfer

(1)  Except where an application may be made under subsection (2), application for a transfer shall be made by the transferee applying for a new entitlement (or, if the holder so desires in the case of an authority or a group licence, for an amended entitlement) and a water allocation for the entitlement that:

(a)  if the transferee is not already the holder of an entitlement—comprises or includes the water allocation proposed to be transferred, or

(b)  if the transferee is already the holder of an entitlement—comprises the water allocation for the existing entitlement together with the water allocation proposed to be transferred.

(2)  If the Ministerial Corporation agrees and subsection (3) is complied with, the Ministerial Corporation may accept and consider an application by a transferor or transferee for the transfer of a water allocation by way of an appropriate modification under section 20XA of the conditions to which the entitlements of the transferor and transferee are subject.

(3)  This subsection is complied with in relation to an application referred to in subsection (2) if:

(a)  the application is for a temporary transfer for a period of not more than 3 years or, if some other period is prescribed for the purposes of this paragraph, the period so prescribed,

(b)  the transfer will be to the holder of an existing entitlement,

(c)  the period for which the transfer is to be effected does not, when aggregated with the period or periods for which any other transfer or transfers obtained by the transferee under subsection (2), exceed 3 years or any other period prescribed for the purposes of paragraph (a), and

(d)  the application is made in a form approved by the Ministerial Corporation.

(3A)  Subsection (3) (c) does not apply in relation to an application referred to in subsection (2) if the Ministerial Corporation is satisfied that the water allocation to which the application relates will be used in accordance with a farm water management plan approved by the Ministerial Corporation.

(3B)  A farm water management plan must include details concerning the following matters:

(a)  existing and proposed recycling schemes,

(b)  existing and proposed surface and sub-surface drainage patterns,

(c)  existing and proposed irrigation and water reticulation patterns,

(d)  any proposed removal of vegetation,

(e)  current groundwater levels,

(f)  current soil types,

(g)  levels of water consumption and water usage patterns during the previous 5 year period,

(h)  such other matters as the regulations require.

(3C)  Before approving a farm water management plan in relation to a proposed transfer that in its opinion involves a significant increase in water consumption by the transferee above the water allocation for the transferee’s entitlement, the Ministerial Corporation:

(a)  must cause information as to where and when the plan may be inspected to be advertised in a newspaper circulating in the locality of the transferee, and

(b)  must give persons in that locality a reasonable opportunity to inspect the plan and to make written submissions to the Ministerial Corporation with respect to the plan, and

(c)  must have regard to any submission that is duly made.

(3D)  The reference in subsection (3) (c) to any other transfer or transfers does not include a reference to any other transfer that, because of a deemed reduction under section 20Z in the water allocation for the transferee’s entitlement, has merely maintained the transferee’s consumption of water at or below the level of the water allocation for that entitlement.

(3E)  The taking and using of any water pursuant to a temporary transfer referred to in this section must be in accordance with the relevant farm water management plan (if any) approved by the Ministerial Corporation. Compliance with the plan is a condition of the entitlement to which the relevant water allocation is transferred.

(4)  The Ministerial Corporation may, in relation to an application for a transfer:

(a)  require the transferor to provide such information and consents, and

(b)  require the transferee to provide such information and evidence,

      as are specified by the Ministerial Corporation.

(5)  A requirement under subsection (4) may be complied with in any manner acceptable to the Ministerial Corporation but the Ministerial Corporation may decline to proceed with consideration of the application until the requirement is complied with.

(6)  In determining whether or not to approve a transfer, the Ministerial Corporation may take into consideration such matters as it thinks fit including (without limiting the matters that may be considered) its opinion as to the social and economic effect that the transfer would have if approved.

20AJ   Form of transfer to be lodged and fee paid

An approved application for a transfer shall not be given effect by the issue of an entitlement, or by the modification of a condition of an entitlement, before:

(a)  there has been lodged with the Ministerial Corporation a written record of the particulars of the transfer that is in a form approved by the Ministerial Corporation and is executed by the transferor and the transferee, and

(b)  the Ministerial Corporation has received payment of the fee for the transfer prescribed as:

(i)  a specified amount, or

(ii)  an amount calculated in a specified manner.

20AK   Superseded entitlement to be cancelled

(1)  Where an entitlement effecting a transfer of a water allocation otherwise than by amendment of an existing entitlement is issued to the holder of an existing entitlement, the existing entitlement ceases to have effect and shall be cancelled by the Ministerial Corporation.

(2)  The water allocation for the entitlement of a transferor is abated to the extent of the transfer and the condition to which the entitlement is subject is modified accordingly.

20AL   Purchase of water allocations by the Ministerial Corporation

For any public purpose, the Ministerial Corporation may, as prescribed, acquire by purchase and surrender the whole or part of the water allocation for an entitlement without compliance with the requirements of this Division.

20AM   Applications not affected by section 20Y notice

A notice in force under section 20Y does not apply to an application for an entitlement made in order to effect a transfer of a water allocation under this Division.