Victorian Current Acts Victorian Current ActsS. 62(1) amended by Nos 5/2002 s. 31(1), 32/2010 s. 77(Sch.), substituted by No. 23/2019 s. 29.
(1) A licence issued under section 51(1) may be transferred—
(a) subject to any conditions set out in the licence or imposed under section 56 relating to the transfer of the licence, including any condition prohibiting the transfer of the licence to another property; and
(b) in accordance with this section.
S. 62(1A) inserted by No. 23/2019 s. 29.
(1A) If a licence that is suspended under section 60(1) is transferred, the licence remains suspended until the suspension ends or is lifted.
S. 62(1B) inserted by No. 23/2019 s. 29.
(1B) The Minister may lift all or part of a period of a suspension for a licence that is transferred under subsection (1) if the actions specified in the notice of suspension—
(a) are not able to be completed after the transfer; or
(b) are no longer relevant to the transferred licence.
(2) A transfer may be either permanent or temporary.
S. 62(2AA) inserted by No. 5/2002 s. 31(2), amended by No. 24/2013 s. 19(1).
(2AA) On the transfer or conveyance of land on which water is taken under a registration licence, the registration licence is deemed to be transferred to the successor in title to the owner of that land.
S. 62(2A) inserted by No. 62/1995
s. 23(1), amended by
No.
110/1997
s. 15(1).
(2A) If the Minister approves, a permanent or temporary transfer of a licence under section 51 may be made to the owner or occupier of land outside Victoria.
(3) A licensee may apply to the Minister for approval of the transfer of the licence.
S. 62(3A) inserted by No. 62/1995 s. 23(2).
(3A) Without limiting subsection (5), the Minister may approve a transfer referred to in subsection (2A), having regard to the effect of the transfer on usage of water, the impact of subsidies and any other matter that the Minister considers relevant.
(4) An application must—
(a) be made in a form and manner approved by the Minister; and
(b) contain any information that—
(i) is prescribed; or
(ii) is required by the Minister; and
S. 62(4)(c) amended by No. 110/1997 s. 17(4).
(c) be accompanied by any application fee fixed by the Minister.
S. 62(5) amended by No. 99/2005 s. 29(1).
(5) In considering an application, the Minister must have regard to the matters mentioned in section 53.
S. 62(5A) inserted by No. 24/2013 s. 19(2).
(5A) Subsection (5) does not apply if the application is for approval of a permanent transfer of a licence to a successor in title to the owner of the land to which the licence relates.
S. 62(6) amended by No. 62/1995 s. 23(3), substituted by No. 99/2006 s. 29(2).
(6) If an application is made—
(a) the Minister, if he or she is of the opinion that the transfer is likely to have an adverse effect on the maintenance of the environmental water reserve in accordance with the environmental water reserve objective must refuse to approve the transfer; or
(b) in any other case, the Minister may—
(i) refuse to approve the transfer of the licence; or
S. 62(6)(b)(ii) amended by No. 32/2010 s. 77(Sch.).
(ii) approve the transfer of the licence and may, in addition, amend or delete any of the conditions to which the licence is subject or add a new condition, but must not make the licence subject to any condition to which it could not have been made subject under section 56(1).
(7) A licence may be transferred under this section even if the water is to be used in an irrigation district.
S. 62(8) inserted by No. 62/1995 s. 23(4).
(8) For the purposes of transfers under this section, the holder of a licence under section 51 has power to sell the licence—
(a) at auction; or
(b) by inviting tenders; or
(c) in any other manner that the holder thinks fit.
S. 62(9) inserted by No. 62/1995 s. 23(4), repealed by No. 99/2005 s. 49.
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S. 62A inserted by No. 32/2010 s. 44.