(1) Water market rules, and Division 2 of Part 4, apply in relation to all the non - Basin water access entitlements in a referring State, or in a particular area of a referring State, if:
(a) a law of the State provides that this section applies in relation to the non - Basin water access entitlements in the State, or in that area of the State; and
(b) the regulations provide that this section applies in relation to the non - Basin water access entitlements in the State, or in that area of the State.
(2) Water market rules, and Division 2 of Part 4, apply in relation to all the non - Basin water access entitlements in the Northern Territory, or in a particular area of the Northern Territory if:
(a) a law of the Northern Territory provides that this section applies in relation to the non - Basin water access entitlements in the Territory, or in that area of the Territory; and
(b) the regulations provide that this section applies in relation to the non - Basin water access entitlements in the Territory, or in that area of the Territory.
(3) However, water market rules, and Division 2 of Part 4, do not apply in relation to non - Basin water access entitlements that are prescribed by the regulations for the purposes of this subsection.
(4) Water market rules, and Division 2 of Part 4, apply for the purposes of this section as if non - Basin water access entitlements were water access entitlements.
(5) A non - Basin water access entitlement is a perpetual or ongoing entitlement, by or under a law of a State or Territory, to exclusive access to a share of the water resources of an area in the State or Territory that are not Basin water resources.
(6) This section does not affect the operation of Part 4 in relation to Basin water resources.