Water access entitlement—special provision for certain entitlements based on surviving allocations etc
25 Water access entitlement—special provision for certain entitlements based on surviving allocations etc
This section applies to a water access entitlement granted by the authority under section 111 (Surviving allocations—surrender generally) or section 202 (Water access entitlement for certain existing licence holders) that includes a statement about where the water may be taken.
Note 1 The statement is included on—
water access entitlements granted under s 111 if no fee was paid under the repealed Act for the grant of the surrendered allocation; and
all water access entitlements granted under s 202.
Note 2 Section 202 was in pt 20 (Transitional) which expired in 2008. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
On application by the holder of the entitlement, the authority must amend the water access entitlement to remove the statement.
The authority must also amend the entitlement to remove the statement before—
approving a transfer of the entitlement; or
making any other amendment of the entitlement.
Example—s (3) (b) changing the percentage of water that may be taken stated in the entitlement
Subsection (3) does not apply in relation to—
an entitlement held by a water utility; or
an entitlement that—
is held by a person who does not have access to urban water supply; and
is for water for stock or domestic use; or
an amendment of an entitlement held by an individual that is to be made only because the individual has changed their name.
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