Conversion of water right and domestic and stock right (prior joint right)
4 Conversion of water right and domestic and stock right (prior joint right)
Sch. 15 cl. 4(1) amended by No. 85/2006 s. 139.
On and from the appointed day for a water system, the following subclauses apply to each prior joint right within the water system, that does not relate to Crown land.
Entitlement to water share
The holder of each prior joint right is deemed to be the owner of a water share, deemed to be issued under section 33F—
that authorises water to be taken at the maximum volume that is the sum of—
the volume for the part of the prior joint right that is the prior water right; and
the volume for the part of the prior joint right that is the prior domestic and stock right—
as shown in the relevant prior holdings register (immediately before the appointed day); and
that has a class of reliability that is determined in accordance with the conversion rules.
Entitlement to water-use licence
The holder of each prior joint right is deemed to be, the holder of a water-use licence, deemed to be granted under section 64L, for each combined parcel of land that comprised the holding and for each other parcel of land that comprised the holding, that authorises water to be used—
on that land; and
subject to the same conditions as those that applied to the use of water immediately before the appointed day; and
subject to an annual use limit determined in accordance with the conversion rules.
Delivery entitlement
The holder of each prior joint right is deemed to be entitled to the service of having water delivered by the managing Authority under section 222(1) (as in force on and from the appointed day)—
to the place or places determined by the Authority in accordance with the conversion rules;
at the volume that is the proportion (as specified in the conversion rules) of the volume that is the sum of the volume of the prior water right and prior domestic and stock right immediately before the appointed day, or any other method that is set out in the conversion rules; and
during the periods determined by the Authority in accordance with the conversion rules—
and for the purposes of Part 11, the matters determined under paragraphs (b) and (c) are deemed to have been determined under section 223.
Ownership of water share
If a prior joint right is held by more than one person, the proportions of ownership of the water share by each holder of the right are to be determined in the manner set out in clause 17.
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