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WATER ACT 1989 - SECT 47D

Minister may sell unallocated water

    (1)     If—

        (a)     an entitlement to take water has been converted, whether before or after the commencement of section 11 of the Water (Further Amendment) Act 1995 , in accordance with section 47; and

        (b)     the entitlement is in respect of water in a storage which on 1 January 1995 was owned by the Rural Water Corporation; and

        (c)     there is water in the storage that is not allocated to the converted entitlement; and

S. 47D(1)(d) substituted by No. 99/2005 s. 23.

        (d)     the Minister has determined that the flow of water out of the storage is adequate having regard to the need to maintain the environmental water reserve in accordance with the environmental water reserve objective—

the Minister may, by notice published in the Government Gazette, declare that an amount of water is unallocated water.

    (2)     If the Minister has made a declaration under subsection (1), the Minister—

        (a)     may by notice published in a newspaper circulating generally in the area concerned, declare that the unallocated water is available for purchase by any person holding the qualifications specified in the notice on the terms and conditions specified in the notice; and

        (b)     must consult with the Authority responsible for delivery of the water before determining the terms and conditions of sale.

    (3)     A declaration under subsection (2)(a) must—

        (a)     specify a means referred to in section 43(a) of quantifying the amount of water; and

        (b)     specify the adjustment, if any, of volumes to be applied to the transfer; and

        (c)     specify that, if unallocated water is to be converted to a bulk entitlement after sale, the sale is void if the Order granting the bulk entitlement is disallowed by the Parliament under section 34; and

        (d)     give details of the method by which the unallocated water is to be sold, whether at auction or by inviting tenders or in any other manner that the Minister thinks fit.

    (4)     A transfer under this section is permanent.

    (5)     Following a transfer under this section, the Minister must do any or all of the following as is appropriate in the circumstances—

        (a)     grant a bulk entitlement to the purchaser by Order published in the Government Gazette;

        (b)     amend a bulk entitlement held by the purchaser in accordance with section 44 or  45;

S. 47D(5)(c) substituted by No. 99/2005 s. 44.

        (c)     in the case of—

              (i)     water in a non-declared water system, issue a licence under section 51 to the purchaser; or

              (ii)     water in a declared water system, issue a water share under Part 3A to the purchaser;

S. 47D(5)(d) substituted by No. 32/2010 s. 36.

        (d)     ensure that details of the sale are given to the relevant Authority for entry on the water register.

S. 47DA inserted by No. 32/2010 s. 37.



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