Approval to Transfer
Before Water licences and allocations are leased or sold, the parties must ensure that approval has been given by the Department to transfer the licence(s) and / or the allocation(s) under Part 6 (Division 4) of the Water Management Act 1999
. Transfers can either be for a limited period (temporary transfer) or on a permanent basis (absolute transfer).
Need for a Water Licence
A person wishing to purchase a water allocation from a water licensee must also hold a water licence. This may either be obtained with the allocation from the seller, or an application for a new water licence must be submitted with the transfer application.
An emergency short term temporary transfer may be available to a person who is not a licensee where the Department is satisfied that it is necessary to relieve a significant water shortage. Such transfers cannot be approved for periods longer than 21 days.
Denial of Transfer
Approval to transfer may not be allowed where:
a) the proposed transfer is not consistent with a relevant Water Management Plan or the objectives of the Act; or
b) the transfer would have a significant adverse impact on any licensee or a person taking water under Part 5 of the Water Management Act 1999
(persons taking wter for stock and domestic use and firefighting; or
c) the proposed taking or use of water may contravene the Environmental Management and Pollution Control Act 1994
d) the proposed transferor or transferee have been convicted of an offence against the Act or has accepted a water infringement notice; or
e) the proposed transferor or transferee has not paid any fee or other amount payable under the Act.
Transfer Application Form
The application for transfer of water licence or water allocation form should be forwarded to the Water Management Branch with the application fee. Approved form - application for transfer of water licence or water allocation (33Kb)