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Water Management Act 2000 No 92
Current version for 1 July 2019 to date (accessed 21 August 2019 at 04:59)
Division 5A Water entitlements
237A Water entitlements of landholders
(1) The members of a private water trust must, if requested to do so in writing by a landholder of a landholding within the water supply district of the trust to which water is supplied by the trust for irrigation, determine the landholder’s water entitlement.(2) The members of the trust must have regard to the following matters when determining the landholder’s water entitlement:(a) the nature of agricultural activities on the land,(b) the amount of water currently supplied to the landholder,(c) any present or past water sharing arrangements applicable to the landholder,(d) any other matter they consider relevant,(e) any other matter prescribed by the regulations.(3) A determination may specify the different parts of the landholder’s water entitlement that are available to the landholder for different purposes.(4) A determination must be in writing and comply with the requirements prescribed by the regulations. Notice of a determination must be given in writing by the members of the trust to the landholder.(5) A determination may be varied or redetermined only on a further application made by the landholder within 3 months of the determination or in the circumstances prescribed by the regulations.(6) A person must not participate in a determination of a landholder’s water entitlement if the person or a member of the person’s immediate family (within the meaning of the regulations) has an interest in the entitlement.
237B Transformation of landholder’s water entitlement
(1) The holders of an access licence for the water supply district of a private water trust may make an application under Division 4 of Part 2 of Chapter 3 for the purpose of wholly or partly transforming a landholder’s water entitlement into an access licence under this Act.(2) On transformation of the whole or part of a landholder’s water entitlement to an access licence:(a) the landholder is not entitled to vote (as a member of the trust or as a voting member in the water supply district) on any matter relating to the transformation of one or more other landholders’ water entitlements or the supply of water to landholders who have not transformed their water entitlements, and(b) the members of the trust and the trust may continue to exercise functions in relation to any works that are located on the landholding for which they exercised functions immediately before the transformation (whether or not the trust is to deliver the landholders’ water entitlement under the access licence or the landholding remains in the water supply district of the trust).(3) If the whole of a landholder’s water entitlement is transformed and the landholder does not have a right to the delivery of that water by the trust:(a) the landholder is not entitled to vote as a landholder within the water supply district of the trust, and(b) the trust must not fix rates and charges in respect of the landholder’s landholding for that water (other than termination charges).(4) The regulations may make provision for or with respect to:(a) other circumstances in which a landholder whose landholder’s water entitlement has been transformed ceases to be a voting member in the water supply district of the trust, and(b) the voting rights of landholders who have partially transformed their landholders’ water entitlements.(5) The members of a trust may require a landholder to provide security as a condition of consent to transformation of the whole or part of the landholder’s water entitlement, subject to the regulations.(6) Without limiting subsection (5), the following kinds of security may be required by the members of a trust:(a) a charge over a part of an irrigation right that is not transformed,(b) a charge over an access licence or other entitlement to water acquired by the person and resulting from the transformation,(c) a guarantee by an authorised deposit-taking institution,(d) a deposit lodged with the trust.(7) In addition to any other charges it may fix under this Part, the members of a trust may fix the following charges:(a) (Repealed)(b) charges payable by a landholder for the delivery of water after transformation of the whole or part of the landholder’s water entitlement.