Transfer of risk management allocations
44 Transfer of risk management allocations
Subject to subsection (2), the owner of an irrigated property may transfer a waterlogging and salinity risk management allocation, or a part of such an allocation, attached to part of his or her irrigated land to another
part of his or her irrigated land if the land to which the allocation is transferred is of the same category as, or a category having a lower degree of risk than, the land from which the allocation is transferred.
A risk management allocation or part of an allocation can only be transferred to land—
that formed part of the risk management allocation's irrigated property when the allocation first became attached to land comprising part of the property; or
that is contiguous to land referred to in paragraph (a) and has subsequently become part of that irrigated property.
For the purposes of subsection (2), one parcel of land will be taken to be contiguous with another parcel of land if they abut one another at any point or if they are separated only by—
a street, road, railway, thoroughfare, watercourse or channel;
or
a reserve or other similar open space dedicated for public purposes.
For the purposes of subsection (3) parcels of land will be taken to be separated by intervening land if a line projected at right angles from any point on the boundary of one of the parcels with the intervening land would intersect a boundary of the other parcel with the intervening land.
The means of transferring a risk management allocation, or part of an allocation, under this section is by informing the Trust of the transfer in an annual irrigation declaration.
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