Effect of death of person who holds a water allocation
33AVA Effect of death of person who holds a water allocation
This section applies if—
there is water available for a person to take under—
a water allocation under a water share held by the person as a result of the operation of section 33S(3); or
S. 33AVA (1)(a)(ii) amended by No. 48/2021 s. 17.
a standing assignment; or
an assignment of a water allocation under a water share to the person under section 33U; and
the person dies.
S. 33AVA(1A) inserted by No. 48/2021 s. 43.
The water allocation or assigned water allocation forms part of the estate of the deceased person.
An assignment (in accordance with section 33U) or a further assignment (in accordance with section 33V) of the water allocation may be made by—
if the deceased person was the only person who could have taken water under the water allocation—a person authorised to act on behalf of the estate of the deceased person; or
if the deceased person was not the only person who could have taken water under the water allocation—a person authorised to act on behalf of the estate of the deceased person together with the other persons.
S. 33AW inserted by No. 99/2005 s. 41.
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