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Water & Water Trading

Water Law was identified as an important area of interest to our clients by our water guru John Adams more than 30 years ago. Recent reforms have resulted in Dawes & Vary Riordan developing an experienced team of advisers who:

  • Advise many water authorities and catchment authorities relating to their rights and responsibilities under the Water Act 1989 and associated legislation;
  • Assist our farming clients to understand their rights and responsibilities under the Act relating to water trading, division of water entitlements, ownership issues, drainage easements and fees and charges

Dawes & Vary Riordan has taken an active role over many years to assist clients to understand water laws, particularly during the recent water reforms, including conducting information sessions, meeting with relevant organisations to discuss issues such as the State Revenue Office, the Department of Sustainability & Environment and Goulburn-Murray Water.

The firm has also taken an active role in various working parties and advisory committees to not only provide legal advice but also to try to encourage changes which will benefit the overall processes involved in Water Law.

The implementation of legislative change with the introduction of the amendments to the Water Act 1989 in Victoria has seen this new area of law develop. Water trading incorporates buying and selling High reliability and Low Reliability Water Shares, Allocation and Leasing of Water Entitlements.

Having recognised the need to have parties to water trading protected, Dawes & Vary Riordan are being engaged to:

  • Prepare Contracts for the Sale of Water
  • Give advice to Purchasers of Water
  • Protect buyers' rights with regard to water shares and ensuring ‘good title’ to water
  • Arranging security releases for water shares

Dawes & Vary Riordan have also been one of the major players in the Federal Government purchase of water shares, providing advice to clients with regard to government contracts and processes under government contracts.

In addition to assisting water traders, the firm assists Water Brokers and Agents in complex matters and also has been instructed by Brokers to prepare agency agreements to assist clients and Brokers in understanding all parties' roles in water trades.

In addition to this, our Echuca office has gained a reputation in being well knowledged and effective in New South Wales water trading. New South Wales water rules are evolving and are extremely complex.

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