29ZS   Replacement access licences arising from confirmed history of water usage

(1)  A landholder of eligible land in respect of which there is a confirmed history of water usage is taken to hold an access licence (a replacement access licence), and such an access licence is taken to have arisen, on the following terms and conditions:

(a)  terms identifying:

(i)  the category or subcategory of the licence, as determined by clause 29ZT, and

(ii)  the share component of the licence, as determined by clause 29ZU or 29ZV, as the case requires, and

(b)  the mandatory conditions referable to an access licence of the category or subcategory referred to in paragraph (a) (i).

(2)  A replacement access licence does not operate (and has no force or effect) until the Minister notifies the licence holder in writing of the terms and conditions of the licence referred to in subclause (1).

(3)  For the purpose of establishing the confirmed history of water usage for any eligible land, the Minister may require the landholder to furnish information relevant to that purpose.

(4)  The Minister is not required to issue a notice under subclause (2) if he or she is not satisfied that a confirmed history of water usage for eligible land has been established, whether because the landholder has failed to comply with a requirement under subclause (3) or otherwise.

(5)  This Subdivision does not operate:

(a)  to create a domestic and stock access licence (or an access licence of a subcategory of a domestic and stock access licence) in relation to land if:

(i)  the land has frontage to a tidal pool water source, or

(ii)  the share component of the licence, as determined by clause 29ZU, would be zero or negative, or

(b)  to create an unregulated river access licence (or an access licence of a subcategory of an unregulated river access licence) if the share component of the licence, as determined by clause 29ZV, would be zero or negative.

Note. Because it is an access licence, a replacement access licence can be suspended, cancelled or compulsorily acquired under Division 6 of Part 2 of Chapter 3 of the Act, and discretionary conditions can be imposed under section 66. The licence holder will need to apply for any necessary water use approvals and water supply work approvals if he or she intends to take or use water under the authority of a replacement access licence.