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5. TRADING OF PERMITS


AUSTRALIA - VICTORIA - Water (Permanent Transfer of Water Rights) Regulations 2001

SCHEDULE 3
Buyer's Authority

Regulation 7(1)

APPLICATION FOR APPROVAL OF PERMANENT TRANSFER OF WATER RIGHTS WITHIN AN IRRIGATION DISTRICT OR TO ANOTHER IRRIGATION DISTRICT

To: (insert name of Authority)
I/We (insert names)
of (address)
being the *owner/*occupier of the holding comprising:

Allotments

Section

Parish of

Registered Entry No.

in the

Irrigation Area apply to

the Authority for approval of the transfer of

megalitres of water rights

to the holding.


I enclose an application fee of $

which I acknowledge will not be refunded.

Signature:


Telephone No.:


Date:


* delete if inapplicable

SCHEDULE 4
Seller's Authority

Regulation 7(1)(a)

NOTICE OF AGREEMENT FOR PERMANENT TRANSFER OF WATER RIGHTS

To: (insert name of Authority)
I/We (insert names)
of (address)
being the *owner/*occupier of the holding comprising:

Allotments

Section

Parish of

Registered Entry No.

in the

Irrigation District/area

Register of Lands under Entry No.


have agreed to transfer

megalitres of water rights

To (insert name and address of buyer)

being the *owner/*occupier of the land comprising:

Allotments

Section

Parish of

described in the

Irrigation Area Register of Lands under Entry No.
I/We, acknowledge and declare -

1. That the water rights to be transferred have not been used; and

2.

(a) That there are no parties with a prescribed interest in the holding from which the water is to be transferred;

OR

*(b) That
(insert names of parties with an interest in the holding)
has a prescribed interest in the subject holding

If (b), please state types of interest:
and attach written consents to the transfer from the parties concerned.

Signature:
Telephone No.:
Date:
If lodged by an agent please complete the following:
Agent/s name:
Postal address:

Note: This form must be accompanied by a statutory declaration made by the owner setting out the names and addresses of each person known by the owner to have a prescribed interest in the holding.

* delete if inapplicable

SCHEDULE 5
Seller's Authority

Regulation 7(1)(b)

NOTICE OF CONSENT TO THE PERMANENT TRANSFER OF WATER RIGHTS

To: (insert name of Authority)
I/We (insert names)
of (address)
have a prescribed interest in the holding comprising:

Allotments

Section

Parish of

and described in

the

Irrigation Area/District Register of lands

under Entry No.


(state type of interest)


I/We consent to an application by

(insert name of Person transferring Water)

to transfer permanently

megalitres of water right from the holding.

Signature:
Telephone No.:
Date:

SCHEDULE 6
Seller's Authority

Regulation 7(2)

APPLICATION FOR APPROVAL OF PERMANENT TRANSFER OF WATER RIGHTS OUTSIDE AN IRRIGATION DISTRICT

To: (insert name of Authority)
I/We (insert names)
of (address)
being the *owner/*occupier of the holding comprising:

Allotments

Section

Parish of

Registered Entry No.

in the

Irrigation District/area

apply to the Authority for approval of the transfer of

megalitres of

water rights from the holding


To (insert name and address of buyer)


being the *owner/*occupier of the land comprising:


Allotments

Section

Parish of


I/We acknowledge and declare --


1. That the water rights to be transferred have not been used; and

2.

(a) That there are no parties with a prescribed interest in the holding from which the water is to be transferred;

OR

* (b) That
(insert names of parties with an interest in the holding)
has a prescribed interest in the subject holding
If (b), please state types of interest:
and attach written consents to the transfer from the parties concerned.

I enclose an application fee of $............. which I acknowledge will not be refunded.

Attached is a copy of an application under section 51 of the Water Act 1989 to take and use an equivalent volume of water, or, for a transfer to land in another State, an application for an entitlement in that State.

Signature:
Telephone No.:
Date:
If lodged by an agent please complete the following:
Agent/s name:
Postal address:

Note: This form must be accompanied by a statutory declaration made by the owner setting out the names and addresses of each person known by the owner to have a prescribed interest in the holding.

* delete if inapplicable

SCHEDULE 7

Regulations 7(1)(c), 8(1)(a) and 15(2)

PRESCRIBED FEES

1.

Application for approval of permanent transfer of water rights where they remain within the same irrigation district or another irrigation district of the same Authority.

$275.00

2.

Application for approval of permanent transfer of water rights to a holding within an irrigation district of a different Authority -



(a)

fee payable to buyer's Authority

$200.00


(b)

additional fee payable to seller's Authority

$75.00

3.

Application for approval of permanent transfer of water rights outside an irrigation district

$75.00

4.

Application for a certificate under section 227 of the Act

$16.00


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