Water Act 1912 No 44
Current version for 1 January 2014 to date (accessed 23 November 2014 at 08:14)
Part 2Division 4D

Division 4D Sale by the Ministerial Corporation of water allocations

20AN   Interpretation

(1)  In this Division:

available water means water that is, or but for a notice in force under section 20Y would be, available for allocation:

(a)  under a new scheme,
(b)  because of the modification of an existing scheme,
(c)  because an entitlement has lapsed or has been surrendered or amended, or
(d)  because a water allocation purchased by the Ministerial Corporation has become surplus to its requirements.

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

20AO   Sale etc of water allocations of available water

(1)  Even if a notice under section 20Y is in force in relation to a water source, the Ministerial Corporation may, in such manner as it thinks fit, give notice:
(a)  to any person holding an entitlement to take water from the water source that an offer may be made to the Ministerial Corporation to purchase for the entitlement an additional water allocation of available water from the water source, or
(b)  to any person desiring to apply for an entitlement to take available water from the water source that an offer may be made to the Ministerial Corporation to purchase the water allocation that would be applicable to the entitlement if it were granted.
(2)  A notice under subsection (1) may be given:
(a)  to a person specified in the notice,
(b)  to all persons within a class of persons specified in the notice, or
(c)  to all persons other than those within a class of persons specified in the notice.
(3)  A notice under subsection (1):
(a)  shall specify whether an offer is to be the subject of negotiation or is to be made by way of a tender or at auction,
(b)  may, in the case of an offer by way of a tender or at auction, specify the conditions of sale, and
(c)  may be general or subject to specified exceptions or limitations.
(4)  The Ministerial Corporation may:
(a)  accept an offer made under this section, whether or not subject to conditions, or
(b)  refuse to accept such an offer.
(5)  Where an offer under this section is made by way of a tender, the Ministerial Corporation:
(a)  may require the provision of further information and evidence in relation to the tender, the use of the water allocation to which it relates or the entitlement required to be applied for under section 20AP,
(b)  is not obliged to accept the highest or any tender, and
(c)  may reject a tender for any reason, whether or not it is related to the price.
(6)  The Ministerial Corporation may, in such circumstances as may be prescribed, invite and consider an application for an entitlement to take available water without requiring the purchase of the water allocation for the entitlement.

20AP   Application for entitlement

(1)  If the purchaser of a water allocation is already the holder of an entitlement authorising the taking of water from the same water source, acceptance of the offer to purchase is conditional upon:
(a)  the purchaser applying, within a time specified by the Ministerial Corporation, for an entitlement (or, if the holder of an authority or a group licence so desires, an amended entitlement) carrying the water allocation for the existing entitlement together with the water allocation purchased, and
(b)  the application being granted.
(2)  If the purchaser of a water allocation is not already the holder of an entitlement authorising the taking of water from the same water source, acceptance of the offer to purchase is conditional upon:
(a)  the purchaser applying, within a time specified by the Ministerial Corporation, for an entitlement carrying the water allocation purchased, and
(b)  the application being granted.
(3)  If an application for an entitlement made under this section is subject to the applicant becoming the occupier of particular land, the Ministerial Corporation may refuse to grant the application unless it is shown to the satisfaction of the Ministerial Corporation that the applicant has a reasonable prospect of occupying the land within a reasonable time.

20AQ   Superseded entitlement to be cancelled

If the holder of an existing entitlement is granted a new entitlement that includes a water allocation purchased under this Division, the existing entitlement ceases to have effect and shall be cancelled by the Ministerial Corporation.

20AR   Applications not affected by section 20Y notice

A notice in force under section 20Y does not apply to an application for an entitlement or an amended authority or an amended group licence made in order to effect a purchase of a water allocation under this Division, or to an application for an entitlement made under section 20AO (6).
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