Water Act 1989

On and from the appointed day for a water system, the following subclauses apply to each take and use licence in force immediately before the appointed day within the water system that is not a licence under which—

the water to be taken and used is subject to a condition that a proportion of the water so taken and used is returned to the water system; or

the water is to be taken and used for a purpose prescribed for the purposes of section 51(1AA).

The holder of each take and use licence is deemed to be the owner of a water share, deemed to be issued under section 33—

that authorises water to be taken at the maximum volume that is the same as the volume shown on the take and use licence immediately before the appointed day; and

that has a class of reliability that is determined in accordance with the conversion rules.

The owner of the land to which each take and use licence relates is deemed to be the holder of a water-use licence, deemed to be granted under section 64L, that authorises water to be used—

on that land; and

subject to the same conditions as those that applied to the use or drainage of water under the take and use licence immediately before the appointed day; and

subject to an annual use limit determined in accordance with the conversion rules.

The holder of each take and use licence that, immediately before the appointed day, authorised the construction, alteration or operation of works, is deemed to be the holder of a licence under section 67 that authorises the construction, alteration or operation of any such works, subject to—

any conditions as to the maximum amounts of water which may be taken in any particular periods or circumstances—

that applied under the licence immediately before the appointed day; or

as determined in accordance with the conversion rules—

any conditions of the take and use licence as to—

the installation and use of measuring devices and pumps; and

the operation of any bores or works for extracting water from waterways.

If a take and use licence is held by more than one person, the proportions of ownership of the water share by each holder of the licence are to be determined in the manner set out in clause 18.