Water Management (General) Amendment (Transformation) Regulation 2010 (NSW)

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2010 No 741

New South Wales

Water Management (General) Amendment (Transformation) Regulation 2010

under the

Water Management Act 2000

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Water Management Act 2000.

PHILLIP COSTA, MP

Minister for Water

Explanatory note
The object of this Regulation is to amend the Water Management (General) Regulation 2004 as follows:

(a) to prescribe matters to be included in a determination by a private irrigation board, or the members of a private water trust, of the water entitlement of a landholder who wishes to transform his or her water entitlements under a private irrigation scheme conducted by the board or trust to an individual access licence holding,
(b) to prescribe what is meant by member of a person’s immediate family for the purposes of provisions that prevent a person from participating in the determination of the water entitlement of a landholder who is a member of the person’s immediate family.

This Regulation is made under the Water Management Act 2000, including sections 190A (4) and (6), 237A (4) and (6) and 400 (the general regulation-making power).

Published LW 17 December 2010 Page 1
2010 No 741 Water Management (General) Amendment (Transformation) Regulation
Clause 1 2010

Water Management (General) Amendment

(Transformation) Regulation 2010

under the

Water Management Act 2000

1      Name of Regulation

This Regulation is the Water Management (General) Amendment
(Transformation) Regulation 2010.

2      Commencement

This Regulation commences on 17 December 2010 and is required to be published on the NSW legislation website.

3 Amendment of Water Management (General) Regulation 2004

Clause 108

Omit the clause. Insert instead:

108      Transformation of water entitlements

(1) 

For the purposes of sections 190A (4) and 237A (4) of the Act, a determination by a private irrigation board or the members of a private water trust of a landholder’s water entitlement must specify the following:

(a)

the proportion of the share component of an access licence held by or on behalf of the board or trust that is available to the landholder, and

(b)

the licence category of the landholder’s proportion of the share component.

(2) For the purposes of sections 190A (6) and 237A (6) of the
Act, a member of a person’s immediate family means:

(a)

a spouse or de facto partner or former spouse or de facto partner of the person,

(b) a child or step-child of the person,
(c) a grandchild or step-grandchild of the person,
(d) a parent or step-parent of the person,
Water Management (General) Amendment (Transformation) Regulation 2010 No 741

2010   Clause 3

(e) a grandparent or step-grandparent of the person,
(f) a brother, sister, step-brother or step-sister of the person.
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