Water Management Act 2000 No 92
Current version for 1 July 2020 to date (accessed 9 August 2020 at 01:39)
Schedule 10
Schedule 10 Conversion of former entitlements to access licences and approvals
(Section 403)
Part 1 Preliminary
1   Application of Schedule
This Schedule applies—
(a)  to each category or subcategory of access licence that relates to a part of the State or water source to which Part 2 of Chapter 3 applies by operation of a proclamation under section 55A, and
(b)  to each type or kind of approval that relates to a part of the State or water source to which Part 3 of Chapter 3 applies by operation of a proclamation under section 88A.
2   Definitions
In this Schedule and Schedule 11—
appointed day means—
(a)  in relation to a category or subcategory of access licence to which Part 2 of Chapter 3 applies or an entitlement from which such an access licence arises, the day appointed under section 55A in relation to that category or subcategory of access licence, or
(b)  in relation to a type or kind of approval to which Part 3 of Chapter 3 applies or an entitlement from which such an approval arises, the day appointed under section 88A in relation to that type or kind of approval.
Note.
 Clause 9 provides that, in certain circumstances, the operation of those Parts is deferred in relation to particular entitlements.
entitlement means—
(a)  a licence, permit, authority, irrigation corporation licence or group licence referred to in Part 2 of the 1912 Act, or
(b)  a right to take and use water referred to in section 38B of the 1912 Act, or
(c)  a licence referred to in Part 5 of the 1912 Act, or
(d)  an approval referred to in Part 8 of the 1912 Act, or
(e)  a water management licence under Part 9 of the 1912 Act, or
(f)  a permit under Part 3A of the 1948 Act, or
(g)  an irrigation corporation licence under the 1994 Act, or
(h)  any power under section 12 of the Water Administration Act 1986 or section 8 of the 1912 Act that, immediately before the appointed day, was exercisable by any person pursuant to an agreement between that person and the Ministerial Corporation, or
(i)  any right to take water from an unlicensed water bore (being a water bore constructed as referred to in section 112 (1) (b) of the 1912 Act) that was in force immediately before the appointed day, or
(j)  any arrangement that, immediately before the commencement of this Schedule, was in force between the Inverell Shire Council and the Ministerial Corporation, or
(k)  any other right, interest, privilege, permission or authority that is declared by the regulations to be an entitlement for the purposes of this clause.
former entitlement, in relation to an access licence or approval, means the entitlement from which the access licence or approval arises because of the operation of this Schedule.
replacement access licence, in relation to an entitlement, means an access licence (including any supplementary water access licence) that, by operation of this Schedule, arises from the entitlement or from a direction under section 20AA of the 1912 Act in relation to the entitlement.
replacement approval, in relation to an entitlement, means an approval that, by operation of this Schedule, arises from the entitlement.
specified water source means a water source specified in a management plan.
the 1912 Act means the Water Act 1912.
the 1994 Act means Division 3 of Part 4 of the Irrigation Corporations Act 1994, as continued in force by the regulations.
Part 2 Conversion of former entitlements
Division 1 Entitlements generally
3   Access licences and approvals arising from former entitlements
(1)  Subject to this Schedule, an entitlement that, immediately before the appointed day, was in force under the 1912 Act, the 1948 Act or the 1994 Act is taken to have been replaced—
(a)  to the extent to which it entitles any person or body to take a specified quantity of water, by an access licence held by that person or body (subject to such of the conditions of the entitlement as are applicable to an access licence)—
(i)  for the quantity of water so specified, or
(ii)  if the relevant management plan, and regulations made for the purposes of this paragraph, indicate that a different quantity of water calculated in accordance with a specified methodology may be taken under an access licence issued in relation to the water management area or water source to which the management plan applies—for a different quantity of water calculated in accordance with that methodology, and
(b)  to the extent to which it entitles any person or body to use a specified water management work, by a water management work approval held by that person or body in respect of that work (subject to such of the conditions of the entitlement as are applicable to an approval of that kind), and
(c)  to the extent to which it entitles any person or body to use water on any land, by a water use approval held by that person or body in respect of that land (subject to such of the conditions of the entitlement as are applicable to an approval of that kind), and
(d)  to the extent to which it entitles any person or body to carry out a specified activity, by an activity approval held by that person or body in respect of that activity (subject to such of the conditions of the entitlement as are applicable to an approval of that kind).
(2)  Subclause (1) does not apply to an entitlement that, immediately before the appointed day, was held by a local water utility for the purposes of town water supply.
(3)  An access licence that replaces an entitlement may provide for a specified reduction over a specified period of the quantity of water that the holder of the licence is entitled to take or of the share component of the licence if the relevant management plan and any regulations made for the purposes of this subclause allow the licence to provide for those matters.
4   Categories and subcategories of access licence
(1)  Without limiting clause 3, an entitlement of the kind referred to in Column 1 of Schedule 11 that, immediately before the appointed day, was held for a purpose specified in Column 2 of that Schedule, or subject to conditions limiting the entitlement to such a purpose, is taken to be—
(a)  an access licence of the category referred to in Column 3 of that Schedule, in the case of an entitlement with respect to a regulated river, or
(b)  an access licence of the category referred to in Column 4 of that Schedule, in the case of an entitlement with respect to an unregulated river, estuary, lake or aquifer.
(2)  A description appearing between square brackets in Column 3 or 4 of Schedule 11 indicates that the access licence concerned is of the subcategory indicated by that description.
(3)  The regulations may amend Schedule 11 so as to insert, amend or omit matter in Column 1, 2, 3 or 4 of that Schedule to make provision for categories and subcategories of access licence prescribed by the regulations (as referred to in section 57 (l) and (2)).
(4)  Despite subclause (3), if an entitlement has been replaced in accordance with this Act before the commencement of an amendment to Schedule 11 made pursuant to that subclause, Schedule 11 as in force at the time the entitlement was replaced continues to apply in relation to that entitlement.
5   More than one licence or approval may replace a single entitlement
(1)  An entitlement that, immediately before the appointed day, was held for or limited to 2 or more purposes specified in Column 2 of Schedule 11 is, to the extent to which it entitles any person or body to take a specified quantity of water, taken to have been replaced by a separate access licence held by that person or body—
(a)  for each of those purposes for which a separate category or subcategory of licence is specified in Schedule 11, and
(b)  for the quantity of water applicable under the entitlement for the relevant purpose.
(2)  An entitlement that, immediately before the appointed day, was held in relation to 2 or more water sources to which Part 2 of Chapter 3 applies is, to the extent to which it entitles any person or body to take a specified quantity of water, taken to have been replaced by separate access licences held by that person or body—
(a)  for each of the specified water sources, and
(b)  for the quantity of water applicable under the entitlement to the relevant specified water source.
(3)  An entitlement with respect to a water management work that, immediately before the appointed day, allocated water not only to the land on which the work is situated but also to other land (being land held otherwise than by the landholder of the land on which the work is situated) is taken to have been replaced—
(a)  to the extent to which it allocates water to the land on which the work is situated—
(i)  by an access licence held by the landholder of that land for the quantity of water so allocated (subject to such of the conditions of the entitlement as are applicable to an access licence), and
(ii)  by a water management work approval held in respect of that work by the landholder of that land (subject to such of the conditions of the entitlement as are applicable to an approval of that kind), and
(iii)  by a water use approval held by the landholder of that land for the use of water on that land (subject to such of the conditions of the entitlement as are applicable to an approval of that kind), and
(b)  to the extent to which it allocates water to other land (being land held otherwise than by the landholder of the land on which the work is situated)—
(i)  by an access licence held by the landholder of that other land for the quantity of water so allocated (subject to such of the conditions of the entitlement as are applicable to an access licence), and
(ii)  by a water use approval held by the landholder of that other land for the use of water on that land (subject to such of the conditions of the entitlement as are applicable to an approval of that kind).
(4)  Subclause (3) does not apply to an entitlement held by an irrigation corporation or a private irrigation board.
6   Access licences and approvals not to arise from certain entitlements
(1)  An entitlement that, immediately before the appointed day, entitled any person or body—
(a)  to take water, or
(b)  to construct or use a water management work, or
(c)  to use water, or
(d)  to carry out an activity,
for a specified purpose for which an access licence or approval is not required to be obtained under this Act or the regulations is, to the extent to which it relates to any such purpose, not replaced by an access licence or approval.
Note.
 For example, an owner or occupier of a landholding may take water and construct and use works for domestic and stock purposes, or within a harvestable rights area, without being required to hold an access licence.
(2)  A document purporting to be an access licence or approval that is inadvertently issued in replacement of an entitlement referred to in subclause (1) is of no effect.
(3)  However, subclauses (1) and (2) do not apply in relation to an entitlement to take or use water for domestic and stock purposes if the entitlement arises from Part 2 of the 1912 Act.
(4)  Any access licence issued before the commencement of subclause (3) as a replacement for an entitlement of the kind referred to in that subclause that would have been validly issued if that subclause had been in force at the time it was issued is taken to have been (and always to have been) validly issued.
7   Manner in which access licences to be expressed
(1)  The Minister, by order in writing, may at any time convert the manner in which the share component of an access licence (other than a local water utility access licence) is expressed from a specified quantity of water to any other manner in which the share component of an access licence may be expressed under section 56.
(2)  The Minister, by order in writing, may at any time apply uniform extraction components to replacement access licences, but having regard to any relevant management plan.
(3)  An order under this clause—
(a)  may apply to access licences generally, or to access licences of a specified category or subcategory, and
(b)  may apply with respect to one or more parts of the State or water sources.
(4)  No compensation is payable as a consequence of the making of an order under this clause.
8   Supplementary water access licences
On the appointed day, and if the regulations so provide, supplementary water access licences, additional to those arising under this Part, are taken to have arisen in accordance with the regulations.
9   Entitlements with no specified quantity of water to continue under former Acts
(1)  Despite any other provision of this Schedule—
(a)  neither an access licence nor an approval arise in relation to an entitlement if, immediately before the appointed day, the entitlement was for an unspecified quantity of water or for a quantity of water yet to be specified, and
(b)  in any such case, the 1912 Act, the 1948 Act or the 1994 Act, as the case requires, is taken to continue to apply to the entitlement until such time as a quantity of water is specified under that Act in relation to the entitlement, or until the entitlement ceases to be in force under that Act, whichever occurs first.
(2)  Parts 2 and 3 of Chapter 3, and this Schedule (apart from this clause) apply to the entitlement from the day the quantity is specified in relation to the entitlement—
(a)  as if that day were the appointed day, and
(b)  as if the entitlement entitled the person or body to take the specified quantity of water.
9A   Conditions relating to food safety and essential dairy care
(1)  If an entitlement authorised water to be extracted for the purposes of food safety or essential dairy care at times of low flows when extraction of the water would not otherwise be allowed, an access licence that replaces that entitlement is taken to contain the same authorisation.
(2)  An access licence referred to in subclause (1) is also subject to a mandatory condition that the authorisation ceases to have effect if the activity for which the extraction of water is permitted ceases to be conducted at the same location or is not carried out in the same manner as it was carried out immediately before the entitlement concerned was replaced by the access licence.
10   Owners to hold new access licences if occupier or predecessor did not obtain entitlement
(1)  This clause applies to an entitlement if, on the appointed day, the owner of the land to which the entitlement relates (the landowner) is not the same person as the person who is in occupation of the land (the current occupier).
(2)  The entitlement is taken to have been replaced by an access licence held by the landowner, and not by the current occupier, to the extent to which the entitlement was originally granted otherwise than to the current occupier or a predecessor in title of the current occupier.
(3)  The access licence referred to in subclause (2) is taken to be the subject of a term transfer (within the meaning of section 71N) to the current occupier.
(4)  Despite section 71N, the term transfer referred to in subclause (3) continues in force until the current occupier ceases to be entitled to occupy the land.
11   Mortgagors of old system land to hold new access licences
(1)  This clause applies to an entitlement with respect to land (other than land under the provisions of the Real Property Act 1900) that, on the appointed day, is subject to a mortgage that is registered in the General Register of Deeds (the original mortgage).
(2)  The entitlement is taken to have been replaced by an access licence held by the person holding the right to redeem the original mortgage.
12   Partial application of Act to existing entitlement
(1)  This clause applies if—
(a)  immediately before the appointed day, an entitlement applied to more than one water source, work or activity, and
(b)  on or after that day, the entitlement continues to apply to a water source, work or activity but is partially replaced by an access licence or approval in respect of some other water source, work or activity.
(2)  Subject to this Schedule, the entitlement and replacement access licence or approval are each taken to be subject to a condition that limits the total quantity of water that may be taken and used under both of them to not more than the total quantity of water authorised to be taken and used under the entitlement immediately before the replacement access licence or approval first came into effect.
(3)  Subclause (2) does not apply to a local water utility access licence.
13   Local water utilities
(1)  On, or as soon as practicable after, the appointed day, the Minister must issue to a local water utility that, immediately before the appointed day, held one or more entitlements for town water supply purposes—
(a)  for each specified water source to which Part 2 of Chapter 3 applies—
(i)  one access licence, or
(ii)  if the entitlements relate to more than one water supply scheme, one access licence for each such scheme, and
(b)  one or more water supply work approvals to cover all water supply schemes situated on land to which Part 3 of Chapter 3 applies, and
(c)  one water use approval to cover each water supply scheme situated on land to which Part 3 of Chapter 3 applies, being land supplied with water by the local water utility.
(2)  The share component of an access licence referred to in subclause (1) (a) is to be expressed as a specified volume per year.
(3)  Subject to subclauses (4) and (5), the specified volume in relation to the access licence may be any of the following—
(a)  the quantity of water specified in the former entitlements immediately before the appointed day,
(b)  a quantity of water calculated by reference to the nature and extent of the area to which all the former entitlements related—
(i)  having regard to population levels, geographical location and current water usages, and
(ii)  assuming that reasonable demand management strategies are implemented in that area,
(c)  a quantity of water calculated on the basis of the current yield of the water management works controlled or managed under all the former entitlements by the local water utility by which the licence is taken to be held.
(4)  The yield referred to in subclause (3) (c) is to be determined with regard to historical stream flow data, and with regard to drought management strategies and demand management practices established by the local water utility concerned.
(5)  In the case of an access licence whose specified volume is greater than the quantity of water currently taken and used under the former entitlements, the Minister may at any time impose a condition on the access licence to the effect that water in excess of that quantity, or in excess of such greater quantity as the Minister may determine, is not to be taken, used or assigned except with the consent of the Minister.
(6)  Such a condition is not to be imposed unless the Minister is satisfied that the imposition of such a condition is necessary in the public interest.
(7)  The Minister has absolute discretion as to whether or not to grant consent to the assignment of excess water, as referred to in subclause (5), and, in particular, is not subject to any limitation under section 71Y as to the manner in which an application for such consent is dealt with.
(8)  If a former entitlement relates partly to a water source to which Part 2 of Chapter 3 applies and partly to some other water source, the share components for the replacement access licences arising under this clause are not to include any quantity of water covered by an entitlement remaining under the 1912 Act.
(9)  If more than one access licence is issued to a local water utility under this clause, the Minister may impose on each access licence a condition limiting the total quantity of water that may be taken and used under those licences.
(10)  In this clause, water supply scheme means an aggregation of water supply works used by a local water utility for the purposes of exercising its water supply functions.
14   Water use approvals for town water supply
(1)  To the extent to which, immediately before the appointed day, an entitlement allowed water taken by a person or body to be used for town water supply and one or more other purposes, the entitlement is taken to have been replaced by the following water use approvals—
(a)  an approval entitling the appropriate local water utility (or such other person or body as is responsible for town water supply in that area) to use water for town water supply,
(b)  an approval entitling the firstmentioned person or body to use water for the other purposes (but only on the land to which the entitlement relates).
(2)  An approval referred to in subclause (1) is subject to such of the conditions of the entitlement as are applicable to an approval of that kind.
15   Private water trusts
(1)  This clause applies to a private water trust’s right, pursuant to Part 3 of the 1912 Act, to take and use water conserved or obtained by a work administered and managed by the private trust (being a right saved by clause 16 of the Water Management (Private Water Trusts—General) Savings and Transitional Regulation 1995, as in force immediately before 1 September 2002, whether or not the right is in force immediately before the appointed day) referred to in this clause as a Part 3 right.
(2)  On the appointed day, a private water trust’s Part 3 right in relation to a water source is taken to have been replaced—
(a)  to the extent to which it entitled any private water trust to take a specified quantity of water, by an access licence held by the private water trust for the quantity of water provided for in the relevant volumetric water allocation scheme under section 20W of the 1912 Act, as in force immediately before 1 September 2002, and
(b)  to the extent to which it entitled the private water trust to use a specified water supply work, by a water supply work approval held by the private water trust in respect of that work, and
(c)  by a water use approval entitling the private water trust to use water on the land to which the right related.
(3)  An access licence or approval referred to in subclause (2) is subject to such of the conditions of the Part 3 right as are applicable to an access licence or approval of that kind.
16   Entitlements relating to water bores
(1)  The location to be specified in an approval for a water bore that replaces a licence under Part 5 of the 1912 Act may differ from the location specified in the licence if the water bore to which the licence relates is situated elsewhere than at the location so specified.
(2)  If the holder of a licence under Part 5 of the 1912 Act has been taking water from a different water source to that authorised by the licence because of erroneous location data, an access licence that is taken to replace that licence may be issued with a share component or extraction component (or both) that refers to the different water source rather than to the water source referred to in the replaced licence.
(3)  A licence under Part 5 of the 1912 Act which, immediately before the appointed day, related to a water bore that intersects two water sources that vertically abut each other is taken to have been replaced by—
(a)  an access licence that specifies in its share component the water source that is the main source of extraction of water, and
(b)  a water supply work approval.
17   Multiple bore licences
(1)  This clause applies to any group of licences under Part 5 of the 1912 Act that, immediately before the appointed day, were linked by a condition specifying a maximum quantity of water that may be taken under all of the licences, referred to in this clause as linked Part 5 licences.
(2)  On the appointed day, any linked Part 5 licences are taken to have been replaced—
(a)  to the extent to which they entitled any person or body to take a specified quantity of water, by a single aquifer access licence held by all the persons or bodies who held the licences for the quantity of water specified by the linking condition, and
(b)  to the extent to which they entitled any person or body to use a specified water supply work, by one water supply work approval held by all the persons or bodies who held the licences in respect of works to which the linking condition related, and
(c)  by one water use approval entitling all the persons or bodies who held the licences to use water on the land to which the linking condition related.
(3)  An access licence or approval referred to in subclause (2) is subject to such of the conditions of the linked Part 5 licences as are applicable to an access licence or approval of that kind.
(4)  In any group of linked Part 5 licences, the Part 5 licence last granted is taken to be the entitlement from which the replacement access licence and approvals arise for the purposes of clause 21.
18   Water use approvals for joint schemes
(1)  An entitlement that, immediately before the appointed day, was in force under Division 4 of Part 2 of the 1912 Act is taken to have expired on that day and been replaced, to the extent to which it entitles a person or body to use water on the land to which it relates, by separate water use approvals for each person or body who is entitled to take water under the replacement access licence.
(2)  An approval referred to in subclause (1) is subject to such of the conditions of the entitlement as are applicable to an approval of that kind.
Division 2 Continuation of security interests
19   Registration of security interests in replacement access licences
(1)  Subject to this clause, a person who, immediately before the appointed day, had an interest in an entitlement (being an interest in the nature of a security interest) is taken to have an equivalent security interest in the replacement access licence.
(2)  If the interest in the entitlement arose from a mortgage over land, the equivalent security interest in the access licence is taken to be a mortgage over the replacement access licence.
(3)  If a document in the approved form with respect to a security interest in a replacement access licence is lodged for registration in the Access Register within the prescribed period, or is subsequently lodged for registration pursuant to an order of a court in proceedings that have been commenced within that period and of which notice has been given to the Minister within that period, then on registration—
(a)  it ranks, with respect to any other security interest, in the same priority as it previously ranked under section 184G of the Conveyancing Act 1919 or section 36 of the Real Property Act 1900, or under Part 2K.3 of the Corporations Act 2001 of the Commonwealth, as the case may be, and
(b)  it ranks before any other security interest in the licence that arises after the appointed day, regardless of when that other security interest is registered.
(4)  A security interest in a replacement access licence in respect of which a document in the approved form is not lodged for registration in the Access Register within the time allowed by subclause (3) is taken to have been extinguished.
(5)  As soon as practicable after the appointed day, the Director-General is to cause a notice containing the following matters to be published in an appropriate newspaper, and in any other manner the Director-General thinks fit—
(a)  that security interests in replacement access licences may be registered in the Access Register,
(b)  that security interests registered in the Access Register will retain their current priority relative to other security interests,
(c)  that the Director-General will act for any person claiming a security interest, at no cost to the person, in relation to the registration of the interest in the Access Register,
(d)  that, before the Director-General will take action under this clause with respect to a person’s security interest, the person claiming the interest must lodge with the Director-General a written notice stating that the person has, at least 90 days before lodging the notice, advised the holder of the licence, in the form approved by the Director-General, as to the existence of the security interest claimed.
(6)  As soon as practicable after receiving written notice of a claimed security interest, the Director-General must forward the claim to the Minister for registration in the Access Register.
(7)  If an objection is received in relation to the claimed security interest, the Director-General may nevertheless forward the claim to the Minister but, in that event—
(a)  the Director-General must indicate to the Minister that the claim is disputed, and
(b)  the Minister must ensure that, when the interest is registered, a note to the effect that the claim is disputed is included in the Access Register in relation to the interest.
(8)  Subclause (7) (b) does not prevent the Minister from including in the Access Register such other notes as he or she considers appropriate in relation to a claimed security interest.
(9)  Duty is not chargeable under Chapter 7 of the Duties Act 1997 on any security interest arising under this clause.
(10)  Despite subclause (9), duty may become chargeable on a security interest under section 210 (2) of the Duties Act 1997 in relation to any advance or further advance referred to in that subsection that occurs after the security interest is registered in the Access Register.
(10A)  Subclause (10B) applies only to an access licence arising from an entitlement with respect to land in respect of which an interest was, immediately before the appointed day, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
(10B)  No dealing that requires the consent of the holder of a security interest may be registered in relation to an access licence until the expiry of the prescribed period unless, before the expiry of that period, the holder of the interest—
(a)  has lodged with the Director-General a notice of the kind referred to in subclause (5) (d), or
(b)  has notified the Director-General that the holder does not propose to seek registration of the interest in the Access Register.
(11)  In this clause, prescribed period, in relation to an interest in a replacement access licence, means the period of 36 months beginning on the appointed day for that licence.
Division 3 General
20   Notification of licences
(1)  The Minister must cause written notice of the terms of each access licence or approval arising by operation of this Schedule to be given to the holder of each such access licence or approval.
(2)  A replacement access licence or approval—
(a)  is to include any mandatory conditions that are required to be imposed on the licence or approval, and
(b)  may include such other conditions (discretionary conditions) as the Minister thinks fit, including (but not limited to) conditions relating to the protection of the environment.
(2A)  Notice of any mandatory or discretionary conditions of a replacement access licence or approval may be given in the written notice given under subclause (1) or by one or more subsequent written notices.
(2B)  Discretionary conditions imposed on a replacement access licence or approval before the commencement of this subclause are taken to have been validly imposed (and always to have been validly imposed) to the extent that the conditions would have been validly imposed had subclauses (2) and (2A) (as substituted or inserted by the Water Management Amendment Act 2014) been in force at the time that they were imposed.
(3)  A replacement access licence or approval is to be in such form as the Minister may determine.
21   Duration of new access licence or approval
(1)  A replacement access licence continues in force until it is cancelled.
(2)  Unless it is sooner cancelled, a replacement approval has effect for—
(a)  except as provided by paragraph (b)—
(i)  2 years from the appointed day, or
(ii)  for the balance of the period for which its former entitlement would (but for this Schedule) have remained in force,
whichever is the longer, or
(b)  if its former entitlement would (but for this Schedule) have remained in force for an indefinite period, 10 years.
(3)  Any suspension of an entitlement under the 1912 Act, the 1948 Act or the 1994 Act that was in force immediately before the appointed day continues in force under this Act, and may accordingly be revoked at any time.
(4)  This clause does not limit the operation of section 105.
22   Water management work approvals arising from certain permits
A water supply work approval or water use approval replacing a permit granted under section 18H of the 1912 Act or Part 3A of the 1948 Act has effect for the balance of the period for which the permit would (but for the this Schedule) have remained in force.
23   Entitlements held by 2 or more co-holders
Two or more co-holders of a replacement access licence are taken to hold the access licence—
(a)  if the Minister has a record of the shares in which the former entitlement was held immediately before the appointed day, in the same shares as the former entitlement was so held, or
(b)  if the Minister has no such record, but within 2 months after sending a written request to the co-holders seeking information as to their shareholding the Director-General receives—
(i)  a notice, signed by or on behalf of each of them, by which they agree as to the shares in which they hold the access licence, or
(ii)  a notice, signed by any one of them, to the effect that legal proceedings have been commenced for the purpose of obtaining a declaration as to the shares in which they hold the access licence,
in the agreed shares referred to in the notice under subparagraph (i), or in the shares determined pursuant to the legal proceedings referred to in the notice under subparagraph (ii), as the case may be, or
(c)  in any other case, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between them.
24   Right of access continued temporarily
In the case of a licence under section 13A or an authority under section 20CA of the 1912 Act, the holder of the replacement water management work approval may continue to exercise the rights conferred by section 13A (7) or 20CA (8) of that Act, as the case requires, but only until the approval ceases to have effect, or until the date of the first extension of the approval, as the case requires.
Note.
 After that time, the continued exercise of those rights will need to be supported by an easement or other arrangement, whether negotiated by agreement between the respective landholders or imposed by means of an order under section 88K of the Conveyancing Act 1919.
25   Water allocations
(1)  On the appointed day, the balance of the water allocation account for an access licence is taken to be the balance of the water account for the former entitlement.
(2)  If more than one access licence arises from a former entitlement, the balance of the water account for the former entitlement is to be apportioned between the water allocation accounts for the access licences in accordance with the accounting practices that applied to water accounts immediately before the appointed day.
(3)  As soon as practicable after the appointed day, the Director-General must reduce the water allocation for a replacement access licence by an amount not exceeding the amount by which the water allocation for the entitlement from which the licence arises would have been reduced under section 17A, 20H, 20S, 20XA, 20XC, 117A, 117G or 189 of the 1912 Act, or under section 53, 54 or 60 of the 1994 Act, had that entitlement continued in force under the 1912 Act or the 1994 Act, as the case may be.
(4)  If the appointed day is not 1 July in any year, the Minister may, at any time before the next 1 July, make such adjustments to the water allocations standing to the credit of a replacement access licence as could have been made, in accordance with the accounting practices that applied to water accounts immediately before the appointed day, to the water allocations standing to the credit of the water account for the former entitlement.
(5)  In this clause, water account, in relation to an entitlement, means the water account that, in accordance with the administrative practices followed by the Director-General before the appointed day, was kept in relation to the entitlement.
26   Nominated works
(1)  Each work specified in a replacement water supply work approval is taken to have been nominated under section 71W in relation to each replacement access licence arising from the same entitlement, including any supplementary water access licence arising from or in relation to that entitlement.
(2)  Such a nomination may be withdrawn under section 71W in the same way as any other nomination under that section.
27   Replacement licences under former Acts
A document that is issued for the purposes of the 1912 Act, the 1948 Act or the 1994 Act to replace an entitlement that has been partially superseded by an access licence or approval is not a new entitlement but merely a restatement of the remaining entitlement.
Part 3 Modified application of this and other Acts
Division 1 Modified application of this Act
28–31   (Repealed)
32   Construction of certain references
A reference in section 118, 141, 199, 216 (3), 222 or 284 to an access licence or approval includes, in the case of any act, matter or thing to which the 1912 Act, the 1948 Act or the 1994 Act applies, a reference to the applicable entitlement under the 1912 Act, the 1948 Act or the 1994 Act.
Division 2 Modification of amendments to other Acts made by this Act
33   Effect of amendments and repeals of other statutory provisions
(1)  This clause applies to the following statutory provisions referred to in Schedule 8—
(a)  item 25 of Table 1 in Schedule 1 to the Criminal Procedure Act 1986,
(b)  sections 91 and 120A of the Environmental Planning and Assessment Act 1979,
(c)  sections 16 and 16A (5) of the Farm Water Supplies Act 1946,
(d)  sections 17, 18, 19, 20 and 21 of the Land and Environment Court Act 1979,
(e)  section 124 of the Local Government Act 1993,
(f)  sections 5 and 47J of the National Parks and Wildlife Act 1974,
(g)  section 12 of the Native Vegetation Conservation Act 1997,
(h)  sections 19 and 52 of the Plantations and Reafforestation Act 1999,
(i)  section 32 of the Snowy Hydro Corporatisation Act 1997,
(j)  section 14 of the Soil Conservation Act 1938.
(2)  The statutory provisions referred to in subclause (1) operate in relation to—
(a)  an entitlement under the 1912 Act, or
(b)  a permit under Part 3A of the 1948 Act, or
(c)  a licence under Division 3 of Part 4 of the 1994 Act,
as if those provisions had not been amended or repealed by Schedule 8.
(3)  This clause does not limit or otherwise affect the operation of a statutory provision referred to in subclause (1), as amended by Schedule 8, in relation to—
(a)  an access licence to which Part 2 of Chapter 3 applies, or
(b)  an approval to which Part 3 of Chapter 3 applies.
Division 3 Modification of other Acts
34   Application of 1912 Act
(1)  Part 2 of the 1912 Act does not apply to or in respect of any water source, work, use of water or activity to the extent to which Part 2 or 3 of Chapter 3 applies to or in respect of that water source, work, use or activity.
(2)  Part 5 of the 1912 Act does not apply to or in respect of any water source, work, use of water or activity to the extent to which Part 2 or 3 of Chapter 3 applies to or in respect of that water source, work, use or activity.
(3)  Part 8 of the 1912 Act does not apply to or in respect of any flood work, use of water or activity to the extent to which Part 3 of Chapter 3 applies to or in respect of that work, use or activity.
(4)  Part 9 of the 1912 Act does not apply to or in respect of any water source, work, use of water or activity to the extent to which Part 2 or 3 of Chapter 3 applies to or in respect of that water source, work, use or activity.
Note.
 Proclamations under sections 55A and 88A apply the provisions of Parts 2 and 3 of Chapter 3 to particular matters formerly dealt with under the 1912 Act. Matters to which those provisions do not apply continue to be dealt with under the 1912 Act.
35   Application of 1948 Act
Part 3A of the 1948 Act does not apply to or in respect of any activity to the extent to which Part 3 of Chapter 3 applies to or in respect of that activity.
Note.
 Proclamations under section 88A apply the provisions of Part 3 of Chapter 3 to particular matters formerly dealt with under the 1948 Act. Matters to which those provisions do not apply will continue to be dealt with under the 1948 Act.
36   Application of 1994 Act
The 1994 Act does not apply to or in respect of any water source, work, use of water or activity to the extent to which Part 2 or 3 of Chapter 3 applies to or in respect of that water source, work, use or activity.
Note.
 Proclamations under sections 55A and 88A apply the provisions of Parts 2 and 3 of Chapter 3 to particular matters formerly dealt with under the 1994 Act. Matters to which those provisions do not apply will continue to be dealt with under the 1994 Act.
Part 4 General
37   Enforcement of debts
(1)  On and from the appointed day, sections 78 and 109, and Part 4 of Chapter 7, have effect with respect to any debt under the 1912 Act, the 1948 Act or the 1994 Act in the same way as they have effect with respect to any debt under this Act.
(2)  Enforcement action that has been commenced in relation to an entitlement under the 1912 Act, the 1948 Act or the 1994 Act before the day on which that entitlement is replaced under this Act may be completed under the 1912 Act, the 1948 Act or the 1994 Act, as the case requires.
38   Pending applications
(1)  Any application for or in relation to an entitlement that was made under the provisions of the 1912 Act, the 1948 Act or the 1994 Act before the appointed day is to be dealt with under those provisions as if this Act had not been enacted.
(2)  Any decision in relation to any such application with respect to an entitlement, including any decision in relation to an application for the renewal of an entitlement, is to be implemented in relation to the relevant access licence or approval that has arisen from the entitlement with respect to which the application was made.
(3)  In relation to each entitlement arising from an application dealt with under this clause, the provisions of this Schedule apply to the entitlement, as from the date on which it arises, in the same way as they apply to an entitlement that was in force immediately before the appointed day.
39   Replacement of recently-expired entitlements
(1)  For the purposes of section 61, the holder of an entitlement that expired not more than 2 years before the appointed day is entitled to apply for an access licence to replace that entitlement.
(2)  An embargo under section 112 does not apply to an application for an approval to replace an entitlement that expired not more than 2 years before the appointed day.
(3)  An application referred to in subclause (1) or (2) is to be dealt with as if it had been made when the entitlement expired, and (subject to due payment of any fees payable under section 14 (1A) of the 1912 Act) the entitlement is taken to continue in force until the application is determined.
(4)  This clause does not apply to an application made more than 2 years after the appointed day.
40   Access licences arising from management plans
(1)  On the appointed day, there are taken to have been granted to the Minister such access licences in relation to adaptive environmental water as any management plan, as in force on that day, requires to be granted to the Minister.
(2)  Any such access licence is subject to such conditions as the management plan concerned requires to be imposed on the licence.