Document ID: chunk:federal_register_of_legislation:C2024C00557:section:108
Version: federal_register_of_legislation:C2024C00557
Segment Type: section
Provision Reference: s 108
Character Range: 359379–361082

108  Meaning of Commonwealth environmental water holdings
 (1) Commonwealth environmental water holdings are:
 (a) the rights that the Commonwealth holds that are water access rights, water delivery rights, irrigation rights or other similar rights relating to water; and
 (b) the interests in, or in relation to, such rights.
Note: Water access rights acquired by the Commonwealth with amounts debited from the Water for the Environment Special Account form part of the Commonwealth environmental water holdings (see subsection 86AE(1)).
 (2) Without limiting subsection (1), Commonwealth environmental water holdings include:
 (a) rights of a kind referred to in paragraph (1)(a) that the Commonwealth holds on trust or holds as a lessee; and
 (b) rights of a kind that the Commonwealth Environmental Water Holder receives, on behalf of the Commonwealth, as donations.
 (3) However, Commonwealth environmental water holdings do not include:
 (a) water access rights, water delivery rights, irrigation rights or other similar rights relating to water; or
 (b) interests in, or in relation to, such rights;
that:
 (c) the Commonwealth (including any agency of the Commonwealth) holds for the purpose of the use of water by the Commonwealth (including any agency of the Commonwealth) in the performance of functions that are not related to its functions of water management under this Act; or
 (d) the Commonwealth (including any agency of the Commonwealth) holds for the purposes of the Living Murray Initiative (including rights or interests that vested in the Authority under section 239C having been held for that purpose by the Murray‑Darling Basin Commission before the commencement of Part 10A).