A recent Supreme Court of Appeal judgment, which found the National Water Act allows for the transfer of water use entitlements, may have significant implications from a deal-making perspective, say three lawyers.
First, a water user association is empowered in terms of section 25 to allow a holder of a water use entitlement for irrigation, to use it temporarily for another purpose or to allow it to be used on another property by another person.
Writing after the judgment, Garyn Rapson, Tendai Bonga and Daniella Ghillino from law firm Webber Wentzel said the They said from a mergers and acquisitions perspective, this decision lends weight to the argument that WULs are transferable in the context of broader commercial transactions, on application of the “successor in title” language included under section 51 of the NWA.
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