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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
WATER MANAGEMENT AMENDMENT
(TRANSFER OF WATER ALLOCATIONS)
BILL (No. 2) 2002
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 95 amended (Transfer of licences and water
allocations)
5. Section 121 substituted
121. Transfer of water allocations
[Bill 77]-IX
2
WATER MANAGEMENT AMENDMENT
(TRANSFER OF WATER ALLOCATIONS)
BILL (No. 2) 2002
(Brought in by the Minister for Primary Industries, Water
and Environment, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to amend the Water Management Act 1999 in
respect of the transfer of water allocations
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Water Management
Amendment (Transfer of Water Allocations) Act (No. 2)
2002.
Commencement
2. This Act is taken to have commenced on
1 January 2000.
[Bill 77] 3
s. 3 No. Water Management Amendment 2002
(Transfer of Water Allocations) (No. 2)
Principal Act
3. In this Act, the Water Management Act 1999* is
referred to as the Principal Act.
Section 95 amended (Transfer of licences and water
allocations)
4. Section 95 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "section 56"
and substituting "section 56 or 116";
(b) by omitting from subsection (6) "Where" and
substituting "Subject to section 121(3), where".
Section 121 substituted
5. Section 121 of the Principal Act is repealed and the
following section is substituted:
Transfer of water allocations
121. (1) A special licensee may transfer the water
allocation of the special licence to any person
without any approval being required if -
(a) the licence is endorsed with a statement
that this section applies to the licence;
and
(b) the water allocation is to be taken from a
water resource specified in the licence
for the purposes of this section or from a
water resource situated in an area so
specified.
*No. 45 of 1999
4
2002 Water Management Amendment No. s. 5
(Transfer of Water Allocations) (No. 2)
(2) Except as provided in subsection (1),
Division 4, other than section 95(6) and section 96,
applies to the transfer of a water allocation of a
special licence.
(3) Where a transfer of a water allocation of a
special licence is absolute, the relevant licences are
taken to be varied accordingly.
(4) A person who does not hold a licence and
who receives a water allocation by a transfer under
subsection (1) must, before using the allocation,
obtain a licence in which the water allocation is
specified.
(5) The Minister may issue a licence in which
a water allocation transferred under subsection (1) is
the only water allocation specified.
(6) On a transfer under subsection (1), a
special licensee must provide the Minister, within 14
days and in writing, with full particulars of the
transfer.
Penalty: Fine not exceeding 10 penalty units.
(7) This section does not apply to the transfer
of a water allocation by the Hydro-Electric
Corporation where the transferred water is to be
taken for irrigation unless the Advisory Committee,
by notice published in the Gazette, determines
otherwise.
(8) The Advisory Committee may make a
determination in respect of a particular water
allocation or water allocations of a particular type.
(9) A notice under subsection (7) is not a
statutory rule for the purposes of the Rules
Publication Act 1953.
Government Printer, Tasmania 5