Queensland Consolidated Acts

WATER ACT 2000 - SECT 229

(1) Subsection (2) applies if—

(a) a water licence to take water is attached to land; and

(b) the registered owner of the land disposes of part of the land.

(2) On the day the owner disposes of the part, the water licence is taken to be held jointly by all owners of the land to which the licence attaches.

(3) However, 1 or more of the owners of the land to which the jointly held water licence attaches may, with the written consent of the other owners, apply for 1 or more water licences to replace the jointly held water licence—

(a) within 90 business days after the owner disposes of the part; or

(b) if, in a particular case, the chief executive extends the period for making the application—within the extended period.

(4) The application must—

(a) be made to the chief executive in the approved form; and

(b) be accompanied by the fee prescribed under a regulation; and

(c) relate only to the land to which the jointly held licence relates; and

(d) not seek to increase the volume of water that may be taken, the rate at which water may be taken or the period during which water may be taken; and

(e) not seek to increase the area of land that may be irrigated.

(5) The application must be dealt with as if the application were an application under section 225 to subdivide the jointly held licence.

(6) However, section 208 does not apply to the application unless the application seeks a change to the location from which the water may be taken.

(7) If an application is not made under subsection (3), the chief executive may give notice to the joint holders of the water licence about the chief executive's proposal to amend, subdivide or cancel the licence.

(8) The notice must state—

(a) that a written submission may be made about the proposal; and

(b) a day by which the submission must be made, and the person to whom, and the place where, the submission must be made.

(9) The day stated under subsection (8)(b) must not be earlier than 30 business days after the day the notice is given.

(10) The chief executive must consider any submissions made before amending, subdividing or cancelling the jointly held licence.

(11) Within 30 business days after amending, subdividing or cancelling the jointly held licence, the chief executive must give the holders of the licence an information notice about the decision to amend, subdivide or cancel the licence.

(12) A replacement water licence granted in response to an application under subsection (3) has effect from the day the application is granted.

(13) An amendment, subdivision or cancellation of the jointly held licence has effect from the day the information notice is given.