Water Sharing Plan for the Lower Murray Groundwater Source
Part 11 Access licence dealing rules
48 Access licence dealing rules
(1) This Part is made in accordance with section 20 (1) (d) of the Act and with the Minister’s access licence dealing principles gazetted under section 71Z of the Act.(2) Applications for access licence dealings may be granted subject to the Minister’s access licence dealing principles gazetted from time to time under section 71Z of the Act and the rules in this Part.Note.There are a number of mechanisms within the Act, called access licence dealings, to change either the ownership of all or part of an access licence, or the location within a water source at which all or part of the share and extraction components of access licences can be exercised. These dealings are governed by the principles in section 5 of the Act, Minister’s access licence dealing principles, and the rules in this Part.
49 Rules relating to constraints within a groundwater source
(1) This clause applies to any relevant dealings under sections 71Q, 71S, and 71W of the Act, and section 71T of the Act with respect to allocation assignments within this groundwater source.(2) Dealings are prohibited under this clause if:(a) any of the access licences or water allocations involved are not within this groundwater source,(b) the dealing would result in the total extraction under access licences through nominated works in an area, plus basic landholder rights extraction, causing any adverse local impact in accordance with Part 10 Division 3 of this Plan, or(c) the dealing involves a supplementary water access licence, or any water allocation credited to a supplementary water access licence water allocation account.
50 Rules for change of water source
(1) This clause relates to dealings under section 71R of the Act.Note.Section 71R dealings are the mechanism by which access licences can move from one water source to another. Once the change in water source has been effected, if permitted, the new licence will have to nominate specified works (by a dealing under section 71W of the Act) in the receiving water source before extraction can commence.(2) Dealings under this section 71R of the Act that change the water source to which an access licence applies are prohibited in this groundwater source.
51 Rules for conversion of access licence category
(1) This clause relates to dealings under section 71O of the Act.(2) Dealings that result in conversion of an access licence of one category to an access licence of another category are prohibited in this groundwater source.
52 Rules for interstate access licence transfer
(1) This clause relates to dealings under section 71U of the Act.(2) Dealings that result in an interstate access licence transfer into or out of this groundwater source are prohibited.
53 Rules for water allocation assignments between water sources
(1) This clause relates to dealings under section 71T of the Act for assignment of water allocations between water sources.(2) Dealings that assign water allocations between access licences in other water sources and access licences in this groundwater source are prohibited.Note.Each water allocation assignment must be applied for. Access licence holders may enter into private contracts to assign water allocations for a number of years. Such contracts are not guaranteed by the Government, and approval must be sought annually. Approval will be subject to the rules in this Plan, including local impact assessment.
54 Rules for interstate assignment of water allocations
(1) This clause relates to dealings under section 71V of the Act.(2) Dealings that result in an interstate assignment of water allocations to or from this groundwater source are prohibited.