Water Licensing
Exiting a holding from a water access licence
DWE application form: Exit a holding from a water access licence (PDF 330KB)
A holding in a water access licence can be separated from an existing licence to create a new licence. The original licence is not cancelled but is reduced to account for the exit holdings.
Typically, this dealing will be used to facilitate a member of a former joint authority to exit the jointly held replacement water access licence but it may be used by any holder in a water access licence with 'tenants in common' holdings.
The section 74 dealing provides an alternative to using subdivision and transfer dealings to achieve the same outcome.
Applications to exit a holding must be authorised in one of the following ways:
- the consent of all holders
- the consent of holders with a majority share of the holdings in the water access licence
- by Order from the Supreme Court.
Exit rules:
- For applications where all holders consent – the application form allows the holders to specify the terms of the separation.
- For applications where a majority of holders consent – apply the rules specified in Schedule 1B of the Water Management Act 2000.
- For applications made with an order from the Supreme Court – as specified in the Order.