Victorian Current Acts

WATER ACT 1989 - SECT 33Z

    (1)     The Minister may, on the application of an owner of two or more water shares, consolidate those water shares either—

        (a)     by cancelling the water shares and issuing one water share in respect of the maximum volumes of both shares; or

        (b)     by cancelling one or more of the water shares and adding the maximum volumes of the cancelled water shares to the maximum volume of one or more of the other water shares.

    (2)     The Minister must not consolidate water shares under subsection (1) unless—

        (a)     the persons who own each of the shares are the same; and

        (b)     each of the shares is owned in the same proportions and the same manner.

    (3)     In consolidating a water share under subsection (1), the Minister—

        (a)     must not cancel a water share if there is a recorded mortgage or limited term transfer over the water share; and

S. 33Z(3)(b) repealed by No. 85/2006 s. 14.

    *     *     *     *     *

        (c)     must not do so unless each of the shares specifies the same water system and the same class of reliability; and

        (d)     must consider any relevant rules made under Division 13.

    (4)     On the consolidation of water shares under subsection (1), if the rules made under Division 13 so provide—

        (a)     any recorded mortgage; or

        (b)     any limited term transfer—

over a water share to which maximum volume has been added is deemed to apply to the whole of the share (including that part to which the volume has been added).

Division 6—Surrender and cancellation of water shares

S. 33AA inserted by No. 99/2005 s. 41.