New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 234

234 Water entitlements of members

(1) A private water trust may, if requested to do so by a member of the trust, determine the member's water entitlement.

(2) The trust must determine a member's water entitlement if the request is made by a member who is supplied by the trust with water for irrigation.

(3) The trust must have regard to the following matters when determining the member's water entitlement--

(a) the nature of agricultural activities on the land to which water is supplied,

(b) the amount of water currently supplied to the member,

(c) any present or past water sharing arrangements applicable to the member,

(d) any other matter it considers relevant,

(e) any other matter prescribed by the regulations.

(4) A determination may specify the different parts of the member's water entitlement that are available to the landholding for different purposes.

(5) A determination must be in writing and comply with the requirements of the regulations. Notice of a determination must be given in writing by the trust to the member.

(6) A determination may be varied or redetermined only on a further application made by the member within 3 months of the determination or in the circumstances prescribed by the regulations.

(7) A person must not participate in a determination of a member'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.