Water Act 1989

For the purposes of the transfer of an environmental entitlement or a part of an environmental entitlement under this Division, the Minister, by notice published in the Government Gazette—

must determine the right or entitlement under this Act that the transferred entitlement is to become; and

may determine any conditions that are to apply to the specified right or entitlement.

The Minister must not determine a right or entitlement under subsection (1) that the person to whom it is being transferred is not otherwise capable of holding.

On the publication of the notice under subsection (1), the entitlement or part that has been transferred becomes the right or entitlement determined by the Minister and is taken to have been granted in accordance with this Act to the person to whom the entitlement has been transferred.

On the publication of the notice under subsection (1), in the case of the transfer of a part of an environmental entitlement, the transfer has, in respect of the environmental entitlement from which it is to be transferred, the effect that the environmental entitlement is taken to be varied in accordance with this Act to remove that part of the entitlement that is transferred.

In making a determination of a right or entitlement under this section, the Minister is not required to comply with any other provisions of this Act.