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November 2005

National Water Initiative and Irrigation Corporations

One of the  main thrusts of the National Water Initiative is to "free up" permanent trading in water entitlements.  This is a delicate and difficult issue for irrigation districts and schemes in the various affected States where there are restrictions on transfers of water entitlements outside the area of operation of the district or scheme.  In particular, these issues now need to be dealt with by irrigation corporations in this State, with complying arrangements being fully effected by 31 January 2006.

Land Clearing - The Two Hectare Exemption

Readers may know that one of the exemptions available to clearers of native vegetation is "the clearing of up to 2 hectares per annum for any contiguous land holding in the same ownership".  What has been unclear is just what the 2 hectares refers to.  Did it refer to clearing on 2 hectares of land?  Or did it refer to clearing of 2 hectares of tree stems (land being measured around each tree stem) or 2 hectares of crowns?

Water Trading

The water trading provisions of the Water Management Act 2000 are now in full swing.  Is the new system simpler, easier, quicker and cheaper?  The answer, for the most part, has to be "no" - at least for the present.  For example, significant delays are currently experienced where transactions involve "old" licenses and authorities which have not yet been converted to water access licenses.

Challenge to Farmer’s Will

Newsletter November 2005.pdf

All Kemp Strang Briefs are intended to keep readers abreast of legal and firm developments current on issue of the Brief. They are not to be relied upon as a substitute for professional advice. Before acting on any specific matter please contact us.