Water Management Act 2000

Water allocation accounts where appointed day before clause re-enactment day Subclauses (2)–(5) apply with respect to a replacement access licence if the appointed day in relation to the licence occurred before the day on which this clause was substituted by the Water Management Amendment Act 2014 (the clause re-enactment day).

The first reconciliation balance for the water allocation account for a replacement access licence is the balance determined for the account as at 1 July of the next water year following the water year in which the appointed day occurred.

Subject to subclause (4), any balance (including a zero balance) that appeared on the clause re-enactment day in the water accounting system of the Department as the first reconciliation balance for the water allocation account for a replacement access licence is taken to be (and always to have been) the correct first reconciliation balance.

The Minister may amend the first reconciliation balance referred to in subclause (3) after the clause re-enactment day if—

the Minister is satisfied, based on later and more accurate information, that the balance was not correctly determined or displayed, and

the clause re-enactment day occurred no later than 2 years after the appointed day.

Without limiting section 367, a certificate issued by the Minister that states that a specified balance (including a zero balance)—

was, or was not, the first reconciliation balance for the water allocation account for the purposes of subclause (3), or

was, or was not, the first reconciliation balance for the water allocation account for the purposes of subclause (3), as amended under subclause (4),

Water allocations accounts where appointed day on or after clause re-enactment day Subclauses (7)–(9) apply with respect to an access licence if the appointed day in relation to the licence occurs on or after the clause re-enactment day.

On the appointed day, the balance for the water allocation account for a replacement access licence or licences is taken to be zero unless the regulations provide otherwise.

The regulations may make provision for or with respect to the balances to be allocated to the water allocation accounts for replacement access licences (whether generally or for the purposes of the relevant management plan).

Without limiting subclause (8), the regulations may make provision for or with respect to the following—

the allocation, calculation or determination of balances for water allocation accounts for replacement access licences,

the use of balances from existing water accounts for former entitlements and other information in connection with the allocation, calculation or determination of balances for water allocation accounts for replacement access licences,

the correction or re-calculation of balances for water allocation accounts for replacement access licences.

Definition In this clause—