The trading of permits through market-type transactions is a policy issue which is generally addressed in primary legislation. Trades may only be permitted between landowners in an irrigation district. Alternatively, permits may be separated from land, and be transferred to non-landowners. In the example below, subordinate legislation prescribes the administrative details and requirements for the perfection of transactions between landowners in the same irrigation district, or in two different irrigation districts.
AUSTRALIA - VICTORIA - Water (Permanent Transfer of Water Rights) Regulations, 2001 7. Permanent transfer of water rights (1) An application for approval of the permanent transfer of water rights to the owner or occupier of another holding within the same irrigation district or within another irrigation district must be in the form set out in Schedule 3 and must, in addition to the requirements of the Act, be accompanied by-
(2) An application for approval of the permanent transfer of water rights to the owner or occupier of any land outside an irrigation district must be in the form set out in Schedule 6 and must be accompanied by-
8. Procedure with respect to applications (1) An application referred to in regulation 7(1) must be made to the buyer's Authority and, if the buyer's Authority is different from the seller's Authority, then-
(2) An application referred to in regulation 7(2) must be made to the seller's Authority. 12. Restriction on approval of certain applications An application referred to in regulation 7(2) must not be approved unless the application referred to in regulation 7(2)(b) or 7(2)(c) has been approved. 14. Other terms and conditions An Authority must not approve a transfer unless it is satisfied-
Schedule 3 - Form - Application for approval of permanent transfer of water rights within an irrigation district or to another irrigation district (Buyer's Authority) - See Appendix 1, page 317. Schedule 4 - Form - Notice of agreement for permanent transfer of water rights (seller's authority) - See Appendix 1, page 317. Schedule 5 - Form - Notice of consent to the permanent transfer of water rights (seller's authority) - See Appendix 1, page 318. Schedule 6 - Form - Application for approval of permanent transfer of water rights outside an irrigation district (seller's authority) - See Appendix 1, page 319. Schedule 7 - Form - Prescribed fees - See Appendix 1, page 320. |