Section 136 — Resource Management Act 1991: Transferability of water permits

136 Transferability of water permits (1) A holder of a water permit granted for damming or diverting water may transfer the whole of the holder's interest in the permit to any owner or occupier of the site in respect of which the permit is granted, but may not transfer the permit to any other person or from site to site. (2) A holder of a water permit granted other than for damming or diverting water may transfer the whole or any part of the holder's interest in the permit— (a) To any owner or occupier of the site in respect of which the permit is granted; or (b) To another person on another site, or to another site, if both sites are in the same catchment (either upstream or downstream), aquifer, or geothermal field, and the transfer— (i) Is expressly allowed by a regional plan; or (ii) Has been approved by the consent authority that granted the permit on an application under subsection (4) . (2A) A transfer under subsection (1) or subsection (2) may be for a limited period. (3) A transfer under any of subsections (1) , (2)(a) , and (2)(b)(i) shall have no effect until written notice of the transfer is received by the consent authority that granted the permit. (4) An application under subsection (2)(b)(ii) — (a) Shall be in the prescribed form and be lodged jointly by the holder of the water permit and the person to whom the interest in the water permit will transfer; and (b) Shall be considered in accordance with sections 88 to 115 , 120 , and 121 as if— (i) The application for a transfer were an application for a resource consent; and (ii) The consent holder were an applicant for a resource consent,— except that, and in addition to the matters set out in section 104 , the consent authority shall have regard to the effects of the proposed transfer, including the effect of ceasing or changing the exercise of the permit under its current conditions, and the effects of allowing the transfer. (5) Where the transfer of the whole or part of the holder's interest in a water permit is notified under subsection (3) , or approved under subsection (2)(b)(ii) , and is not for a limited period, the original permit, or that part of the permit transferred, shall be deemed to be cancelled and the interest or part transferred shall be deemed to be a new permit— (a) On the same conditions as the original permit (where subsection (3) applies); or (b) On such conditions as the consent authority determines under subsection (4) (where that subsection applies). Subsection (2A) was inserted, as from 10 August 2005, by section 74(1) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions. Subsection (5) was amended, as from 10 August 2005, by section 74(2) Resource Management Amendment Act 2005 (2005 No 87) by inserting the words “ and is not for a limited period, ” after the expression “ subsection (2)(b)(ii), ” . See sections 131 to 135 of that Act as to the transitional provisions.