Water Management Act 2000

On, or as soon as practicable after, the appointed day, the Minister must issue to a local water utility that, immediately before the appointed day, held one or more entitlements for town water supply purposes—

for each specified water source to which Part 2 of Chapter 3 applies—

one access licence, or

if the entitlements relate to more than one water supply scheme, one access licence for each such scheme, and

one or more water supply work approvals to cover all water supply schemes situated on land to which Part 3 of Chapter 3 applies, and

one water use approval to cover each water supply scheme situated on land to which Part 3 of Chapter 3 applies, being land supplied with water by the local water utility.

The share component of an access licence referred to in subclause (1) (a) is to be expressed as a specified volume per year.

Subject to subclauses (4) and (5), the specified volume in relation to the access licence may be any of the following—

the quantity of water specified in the former entitlements immediately before the appointed day,

a quantity of water calculated by reference to the nature and extent of the area to which all the former entitlements related—

having regard to population levels, geographical location and current water usages, and

assuming that reasonable demand management strategies are implemented in that area,

a quantity of water calculated on the basis of the current yield of the water management works controlled or managed under all the former entitlements by the local water utility by which the licence is taken to be held.

The yield referred to in subclause (3) (c) is to be determined with regard to historical stream flow data, and with regard to drought management strategies and demand management practices established by the local water utility concerned.

In the case of an access licence whose specified volume is greater than the quantity of water currently taken and used under the former entitlements, the Minister may at any time impose a condition on the access licence to the effect that water in excess of that quantity, or in excess of such greater quantity as the Minister may determine, is not to be taken, used or assigned except with the consent of the Minister.

Such a condition is not to be imposed unless the Minister is satisfied that the imposition of such a condition is necessary in the public interest.

The Minister has absolute discretion as to whether or not to grant consent to the assignment of excess water, as referred to in subclause (5), and, in particular, is not subject to any limitation under section 71Y as to the manner in which an application for such consent is dealt with.

If a former entitlement relates partly to a water source to which Part 2 of Chapter 3 applies and partly to some other water source, the share components for the replacement access licences arising under this clause are not to include any quantity of water covered by an entitlement remaining under the 1912 Act.

If more than one access licence is issued to a local water utility under this clause, the Minister may impose on each access licence a condition limiting the total quantity of water that may be taken and used under those licences.

In this clause, water supply scheme means an aggregation of water supply works used by a local water utility for the purposes of exercising its water supply functions.