Document ID: chunk:federal_register_of_legislation:F2024C00760:reg:24:p1
Version: federal_register_of_legislation:F2024C00760
Segment Type: reg
Provision Reference: reg 24 (pt 1/36)
Character Range: 310494–313244

24    12.51

Note: See subsection 26(5) of the Act.

        Part 2—Restrictions on trade of tradeable water rights

        Division 1—Trade of tradeable water rights

        Subdivision A—All water resources—right to trade free of certain restrictions

12.06 Separate rights
(1) A person may trade a water access right free of any condition as to the holding, buying, selling, obtaining, accepting or terminating of a separate location‑related right.
(2) In this section:
location‑related right means any of the following:
            (a) water delivery right;
            (b) works approval;
            (c) water use approval.

12.07 Class of persons
A person may trade a water access right free of any restriction on the trade that relates to the person being, or not being, a member of a particular class of persons.
Note 1: An example of a class of persons is 'environmental water user'.
Note 2: See also section 12.27.

12.08 Purpose for which water is used
(1) A person may trade a water access right free of any restriction on the trade that relates to the purpose for which the water relating to that right has been, or will be, used.
(2) This section does not apply to a water access right that is:
            (a) a stock right; or
            (b) a domestic right; or
            (c) a stock and domestic right.
(3) This section does not apply to the trade of a water access entitlement designated for an urban water supply activity under State water management law.

12.09 Take and use of water after a trade
A person may take and use water under a water access right free of any restriction arising from the fact that the person acquired the water access right by way of trade.

12.10 Use outside Murray‑Darling Basin
A person may trade a water access right free of any restriction arising from the fact that water extracted under the right might be transported or used outside the Murray‑Darling Basin.

12.11 Trade of water allocation which has been carried over
(1) A person may trade a water allocation free of any restriction arising from the fact that the water allocation was carried over from the previous water accounting period under a carryover arrangement.
(2) Subsection (1) does not apply if:
            (a) a carryover announcement is required before the water allocation is permitted to be taken; and
            (b) no such announcement has been made.

12.12 Access to carryover for traded water access rights
(1) A person may participate in a carryover arrangement in relation to a water access right free of any restriction arising from the fact that the person acquired the water access right by way of trade.
(2) Despite subsection (1), if:
            (a) the trade of a water access right results in a change