Transformation of irrigation rights
33 Transformation of irrigation rights
The whole or a part of an irrigation right held by a member of an irrigation trust (the relevant member) may be permanently transformed into a water licence held by the relevant member if—
the member applies to the trust for the transformation in accordance with any requirements specified by the trust (including as to the payment of a specified application fee); and
the member provides any security required by the trust;
and
the transformation so as to create a water licence held by the member is able to take effect under the Landscape South Australia Act 2019 and the member, in seeking the water licence, complies with any relevant requirement under that Act.
Any requirement specified under subsection (1)(a) or security required under subsection (1)(b) must be consistent with the operation of any Commonwealth water rules.
Any security required under subsection (1)(b) must be reasonable in the circumstances after taking into account the interests of the trust and any other person who has an interest in the water licence held by the trust (but must not unreasonably restrict or prevent trading in water entitlements).
If a water licence is to be issued on account of an application under this section—
an entitlement to an allocation of water that corresponds to the irrigation right held by the relevant member will arise in connection with the licence; and
a variation must be made to the water licence held by the trust, and to any other related entitlement, subject to and in accordance with the
Landscape South Australia
Act 2019 (and subject to taking into account the water available under the provisions of that Act).
Any process or outcome envisaged by this section will take effect subject to any Commonwealth water rules.
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