More than one licence or approval may replace a single entitlement
5 More than one licence or approval may replace a single entitlement
An entitlement that, immediately before the appointed day, was held for or limited to 2 or more purposes specified in Column 2 of Schedule 11 is, to the extent to which it entitles any person or body to take a specified quantity of water, taken to have been replaced by a separate access licence held by that person or body—
for each of those purposes for which a separate category or subcategory of licence is specified in Schedule 11, and
for the quantity of water applicable under the entitlement for the relevant purpose.
An entitlement that, immediately before the appointed day, was held in relation to 2 or more water sources to which Part 2 of Chapter 3 applies is, to the extent to which it entitles any person or body to take a specified quantity of water, taken to have been replaced by separate access licences held by that person or body—
for each of the specified water sources, and
for the quantity of water applicable under the entitlement to the relevant specified water source.
An entitlement with respect to a water management work that, immediately before the appointed day, allocated water not only to the land on which the work is situated but also to other land (being land held otherwise than by the landholder of the land on which the work is situated) is taken to have been replaced—
to the extent to which it allocates water to the land on which the work is situated—
by an access licence held by the landholder of that land for the quantity of water so allocated (subject to such of the conditions of the entitlement as are applicable to an access licence), and
by a water management work approval held in respect of that work by the landholder of that land (subject to such of the conditions of the entitlement as are applicable to an approval of that kind), and
by a water use approval held by the landholder of that land for the use of water on that land (subject to such of the conditions of the entitlement as are applicable to an approval of that kind), and
to the extent to which it allocates water to other land (being land held otherwise than by the landholder of the land on which the work is situated)—
by an access licence held by the landholder of that other land for the quantity of water so allocated (subject to such of the conditions of the entitlement as are applicable to an access licence), and
by a water use approval held by the landholder of that other land for the use of water on that land (subject to such of the conditions of the entitlement as are applicable to an approval of that kind).
Subclause (3) does not apply to an entitlement held by an irrigation corporation or a private irrigation board.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.