Division 3A Water Access Licence Register

Subdivision 1 Keeping of the Access Register

71   Water Access Licence Register

(1)  The Minister is to keep a Water Access Licence Register for the purposes of this Act (the Access Register).

(2)  In the Access Register, there is to be a division recording the matters specified in section 71A (1) (the General Division) and a division recording the matters specified in section 71A (2) (the Assignment Division).

(3)  The Access Register is to be kept in the form and manner determined by the Minister.

(4)  Without limiting subsection (3), the Access Register may be kept in the form of a computer record.

71A   Dealings and other matters that must be recorded in the Access Register

(1)  The following matters relating to an access licence (including a replacement access licence) or a holding in an access licence must be recorded in the General Division of the Access Register:

(a)  Ministerial action in relation to the licence or holding,

(b)  any general dealing in the licence or holding,

(c)  any dealing on default in relation to the licence or holding,

(d)  any caveat lodged in relation to the licence or holding,

(e)  any security interest held over the licence or holding,

(f)  any devolution of the licence or holding as referred to in section 72,

(g)  any alteration in co-holder’s tenancy arrangements in relation to the licence or holding, as referred to in section 73,

(h)  any other matter prescribed by the regulations.

(2)  The following matters are to be recorded in the Assignment Division of the Access Register in such manner as the Minister considers appropriate:

(a)  any assignment dealing in an access licence,

(b)  any other matter prescribed by the regulations.

71B   When matters required to be recorded in General Division of Access Register have effect

(1)  Subject to this section, any matter required to be recorded in the General Division of the Access Register:

(a)  has no effect unless it is so recorded, and

(b)  takes effect on being recorded.

(2)  An assignment dealing in relation to an access licence takes effect when details of the assignment are entered in the water allocation account for the access licence.

(3)  If an application for the extension of a term transfer under section 71N is received before the expiry of the term transfer, the extension is to be recorded in the Access Register as taking effect from the end of the current term of the term transfer.

71C   Provisions with respect to registration of dealings, security interests, caveats and other matters in the Access Register

Schedule 1A has effect.

Subdivision 2 Registration of security interests

71D   Creation of registered security interests by recording in Access Register

(1)  A registered security interest over an access licence (or a holding in an access licence that is held as a tenancy in common) is created by:

(a)  execution of an instrument in the approved form evidencing the existence of a security interest over the licence or holding, and

(b)  registering the security interest by recording it in the Access Register in accordance with Part 1 of Schedule 1A.

Note. A security interest has no effect until recorded in the Access Register—see sections 71A (1) (e) and 71B.

(2)  Subsection (1) does not apply to:

(a)  a specific purpose access licence, or

(b)  a security interest referred to in clause 19 of Schedule 10.

Note. Clause 19 of Schedule 10 makes provision for the registration of security interests in access licences arising from entitlements under former legislation.

(3)  For the purposes of Chapter 7 of the Duties Act 1997:

(a)  a registered security interest over an access licence or holding in an access licence is taken to be a security by way of mortgage or charge over property wholly or partly in New South Wales, and

(b)  the liability date is the date on which the registered security interest is first recorded in the Access Register,

      except as provided by the regulations.

Subdivision 3 Registration of caveats

71E   Minister may register caveats

(1)  The Minister may, on the application in the approved form of an affected person, record a caveat on an access licence (or holding in an access licence) in the Access Register in such manner as appears to the Minister to be appropriate.

(2)  Without limiting subsection (1), the Minister may (whether or not on the application of an affected person) record a caveat in the Access Register:

(a)  on behalf of any person with a legal disability or on behalf of the Crown, or

(b)  if it appears to the Minister that any error has been made by misdescription or otherwise in relation to an access licence, or to prevent any fraud or improper dealing with a licence.

(3)  In this section:

affected person, in relation to an access licence or holding in an access licence, means the following:

(a)  the holder or a co-holder of the licence or holding,

(b)  a holder of a security interest over the licence or holding (whether or not registered),

(c)  a party to a dealing, or prospective dealing, in the licence or holding,

(d)  a person entitled, or claiming to be entitled, to be registered as a holder or co-holder of the licence or holding by devolution as referred to in section 72,

(e)  any other person of a class prescribed by the regulations.

71F   Effect of a caveat

(1)  A caveat on an access licence (or holding in an access licence) prohibits the recording in the Access Register of any general dealing, security interest or change in co-holder’s tenancy arrangements in relation to the licence or holding that interferes with the entitlements or rights in respect of the licence or holding claimed by the person by or on whose behalf the caveat is lodged (the caveator).

(2)  A caveat on an access licence or holding in an access licence does not affect the recording in the Access Register of any Ministerial action, devolution, assignment dealing or dealing on default in relation to the licence or holding.

(3)  Subsection (1) does not prohibit the registration of any matter if:

(a)  the caveator consents to the registration, or

(b)  a court of competent jurisdiction orders the registration, or makes an order that by necessary implication requires it, despite the caveat, or

(c)  the matter is required to be registered expressly or by necessary implication by any enactment of the State or the Commonwealth, or

(d)  in such other circumstances as are prescribed by the regulations.

(4)  Subsection (1) does not prohibit registration of any matter in relation to the access licence or holding in an access licence the subject of a caveat if the matter was lodged for registration before the caveat was lodged.

Note. Part 2 of Schedule 1A contains further provisions with respect to caveats.

Subdivision 4 Miscellaneous

71G   Minister may require production of access licence certificate before recording matters in Access Register

The Minister may require the access licence certificate for an access licence to be produced to the Minister before the Minister records any dealing, security interest or changes to co-holder’s tenancy arrangements under the licence in the Access Register.

71H   Searches of the Access Register

(1)  The Minister may, on application made by a person in the approved form for a search of any information recorded in the Access Register, cause:

(a)  a search to be made of the Access Register, and

(b)  a certificate of the result of the search to be issued to the person.

(2)  The search is to be authenticated in such manner as the Minister considers appropriate.

(3)  The Minister is not required to cause a search to be carried out, or a certificate to be issued, under this section, unless:

(a)  the approved fee (if any) for the search or certificate has been paid, or

(b)  the Minister is satisfied that the fee will be paid in accordance with arrangements approved by the Minister.

71I   Correction and amendment of Access Register

The Minister may, on such evidence as the Minister considers sufficient, correct an error, omission or defect, or amend for any other reason, any recording in the Access Register.

71J   Access to the Access Register

(1)  The Minister is to make the information recorded in the Access Register available to any member of the public at the times and in the manner and on payment of the fee (if any) approved by the Minister.

(2)  The information may be made available in accordance with such conditions as are determined by the Minister.

(3)  The conditions may:

(a)  require the payment, whether on a periodic or other basis, of fees and charges, and

(b)  restrict access to information in the Access Register or any part of the Register.

71K   Minister to supply reasons for certain decisions in relation to Access Register

(1)  A person who is dissatisfied with any decision of the Minister in relation to the keeping of the Access Register may apply to the Minister for a copy of the Minister’s reasons for the decision.

(2)  It is the Minister’s duty to provide the person with those reasons.