Victorian Current Acts

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WATER ACT 1989 - SECT 45

Minor amendment of bulk entitlement by notice

    (1)     The Minister may amend a bulk entitlement by notice given to the holder of the entitlement.

    (2)     The Minister must not amend a bulk entitlement under subsection (1) unless—

        (a)     the Authority holding the entitlement has applied to the Minister for the amendment; or

        (b)     the Minister has consulted with the Authority holding the entitlement about the amendment before making the amendment.

    (3)     In making an amendment under subsection (1), the Minister must be of the opinion that the amendment is necessary—

        (a)     to correct a mistake in the description of any element of the entitlement; or

        (b)     to make a minor variation arising from practical operations (including any dealing in a right or entitlement under this Act); or

        (c)     to vary an obligation or impose a new obligation on a resource manager, storage manager or environmental manager; or

        (d)     to make any other amendment to the entitlement that does not impact on another person's entitlement to water and does not adversely affect the environmental water reserve.

    (4)     An amendment to a bulk entitlement that is made by notice under subsection (1) does not have effect until notice of the making of the amendment has been published in the Government Gazette.

S. 46 amended by Nos 62/1995 s. 13, 5/2002 s. 16, 99/2005 s. 20, 32/2010 s. 31, substituted by No. 50/2010 s. 11.



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