{"id":"landscape-south-australia-water-register-regulations-2020","name":"Landscape South Australia (Water Register) Regulations 2020","slug":"landscape-south-australia-water-register-regulations-2020","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235698,"registerId":"sa-landscape-south-australia-water-register-regulations-2020-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Landscape South Australia (Water Register) Regulations 2020","content":"South Australia\nLandscape South Australia (Water Register) Regulations 2020\nunder the Landscape South Australia Act 2019\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\nPart 2—Information on register\n4\tInformation to be recorded on register\n5\tPriority of registration\n6\tApplication to alter details on register\nPart 3—Transfers\n7\tRegistration of transfers\n8\tCo holders\nPart 4—Security interests\n9\tCreation of security interest—tenants in common\n10\tConsent to register security interest\n11\tMinister not required to consider legal effect\n12\tCertain dealings not to be registered\n13\tRegistration not to impact certain matters\n14\tEffect of security interest\n15\tPriority of interests\n16\tTransfers\n17\tDischarge of registered security interests\n18\tEnforcement of security interests\n19\tExpiry of registered security interests\nPart 5—Caveats\n20\tRegistration of caveat on application\n21\tRegistration of caveat by Minister\n22\tEffect of caveat\n23\tLapsing of registration\n24\tApplication to ERD Court to lapse caveat or obtain compensation\n25\tApplication to ERD Court to preserve caveat\n26\tLimit on applications for second or subsequent caveats\nPart 6—Notice of prescribed events\n27\tNotice of prescribed events\nPart 7—Electronic lodgement network\n28\tMinister may establish an electronic lodgement network\n29\tNotification scheme\n30\tEvidence of transactions\n31\tElectronic certification of electronic documents\nPart 8—Related initiatives to facilitate administration of entitlements or related processes\nDivision 1—Subdivision and consolidation of water licences\n32\tSubdivision of water licences\n33\tConsolidation of water licences\nDivision 2—Verification information\n34\tVerification information\nDivision 3—Agent trading\n35\tAgent trading\nPart 9—Miscellaneous\n36\tJoint ownership—general provisions\n37\tChanges in tenancy arrangements\n38\tDetails for service of notices\n39\tDevolution\n40\tRecording of trustee of bankruptcy\n41\tRecording of administrator of a body corporate\n42\tStatutory declarations\n43\tAmendments or corrections\n44\tTransition of bills of sale\n45\tTransition of interests recorded under repealed Act\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Landscape South Australia (Water Register) Regulations 2020.\n2—Commencement\n\t(1)\tSubject to subregulation (2), these regulations come into operation on the day on which they are made.\n\t(2)\tThe following regulations come into operation on 1 July 2022:\n\t(a)\tregulation 4(1)(i) and (2);\n\t(b)\tPart 3 to Part 6 (inclusive);\n\t(c)\tregulations 32 and 33;\n\t(d)\tregulations 35, 36 and 37;\n\t(e)\tregulations 39, 40 and 41.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Landscape South Australia Act 2019;\nbundled water licence means a water licence that does not make express provision for a water access entitlement in the manner contemplated by section 121(2) of the Act;\ncaveatable interest means an interest held by virtue of being 1 of the following in relation to a relevant entitlement:\n\t(a)\tthe holder of an interest in a relevant entitlement;\n\t(b)\tthe holder of a security interest that relates to an interest in a relevant entitlement;\n\t(c)\ta party to a dealing, or prospective dealing, that relates to an interest in a relevant entitlement;\n\t(d)\ta person entitled, or claiming to be entitled, to be registered as the holder of an interest in a relevant entitlement;\n\t(e)\ta person who is the representative, by virtue of an appointment or order made under statute or otherwise by the operation of any law, of the holder of—\n\t(i)\tan interest in a relevant entitlement; or\n\t(ii)\ta security interest that relates to an interest in a relevant entitlement;\n\t(f)\ta person who has an interest that is otherwise related to a relevant entitlement;\ncaveator means a person who has the benefit of a caveat registered under Part 5 and includes the Minister when the Minister has registered a caveat on the Minister's own initiative;\nregister means The Water Register;\nrelated body corporate, in relation to a particular entity (being a body corporate), is a body corporate that is related to the entity under section 50 of the Corporations Act 2001 of the Commonwealth;\nrelevant entitlement means—\n\t(a)\ta water licence (or an interest in a water licence); or\n\t(b)\ta water access entitlement, or part of a water access entitlement;\nwater access entitlement includes a quantity of water included as part of a water licence that is taken to be a water access entitlement under regulation 13 of the Landscape South Australia (Transitional Provisions) Regulations 2019.\nPart 2—Information on register\n4—Information to be recorded on register\n\t(1)\tFor the purposes of Schedule 4 clause 6(g) of the Act, the following information (in detail determined by the Minister) is prescribed:\n\t(a)\tinformation about each application made to the Minister under Part 8 of the Act, and the status of the application;\n\t(b)\tin relation to a Schedule 4 entitlement, water resource works approval or site use approval—information about any condition attached to the Schedule 4 entitlement or approval;\n\t(c)\tin relation to a Schedule 4 entitlement—information about any devolution of the Schedule 4 entitlement;\n\t(d)\tin relation to a water licence—information about—\n\t(i)\tthe nature of the holding of the water licence (and if there are 2 or more holders of the water licence as tenants in common, the proportions of their respective interests); and\n\t(ii)\tthe consumptive pool or consumptive pools to which the water licence relates; and\n\t(iii)\tany subdivision of the water licence, or any consolidation of the water licence with another water licence; and\n\t(iv)\tin the case of a bundled water licence—the site with which the water licence is associated; and\n\t(v)\tthe nature or effect of any variation of the water licence, the reason for the variation, and the date of the variation; and\n\t(vi)\tany transfer of the water licence, distinguishing between an absolute transfer and a transfer for a limited period, and including information about the reason for the transfer, the date of the transfer, and the price (if any) paid for the transfer; and\n\t(vii)\tthe surrender of the water licence; and\n\t(viii)\tthe exercise of any power of sale over the licence;\n\t(e)\tin relation to a water access entitlement—information about—\n\t(i)\tthe water licence to which it relates; and\n\t(ii)\tthe basis on which the water access entitlement is determined under the relevant water allocation plan, as provided under section 53(5) of the Act, including, as relevant, the number of shares, maximum volume or other value of the water access entitlement; and\n\t(iii)\tany classification assigned to the water access entitlement by or under the relevant water allocation plan; and\n\t(iv)\tthe nature or effect of any variation of, or reduction in, a water access entitlement, the reason for the variation, and the date of the variation; and\n\t(v)\tany transfer of the water access entitlement, distinguishing between an absolute transfer and a transfer for a limited period, and including information about the reason for the transfer, the date of the transfer, and the price (if any) paid for the transfer; and\n\t(vi)\tthe exercise of any power of sale over the water access entitlement;\n\t(f)\tin relation to a water allocation—information about—\n\t(i)\tthe amount of water allocated on account of any water access entitlement from time to time; and\n\t(ii)\tany amount of water permitted as carryover from time to time; and\n\t(iii)\tthe consumption or volume of allocated water used; and\n\t(iv)\tany variation of, or reduction in, the allocation made from time to time, the reason for the variation, and the date of the variation; and\n\t(v)\tany transfer of the water allocation, including information about the reason for the transfer, the date of the transfer, and the price (if any) paid for the transfer; and\n\t(vi)\tany tagging of the water allocation in connection with an Interstate Water Entitlements Transfer Scheme;\n\t(g)\tin relation to a water resource works approval or a site use approval—information about—\n\t(i)\tthe certificate of title (or other legal description) of the land where the works are to be located or the water is to be used (as the case may be); and\n\t(ii)\tthe maximum volume of water that may be taken, collected, diverted, extracted or used under the approval (as applies in the appropriate case); and\n\t(iii)\tin the case of a water resource works approval—the works that are authorised under the approval; and\n\t(iv)\tin the case of a site use approval—the purpose or purposes for which the water may be used; and\n\t(v)\tany water allocation, and associated water licence, under which water may be taken or used on account of the relevant approval;\n\t(h)\tin relation to a forest water licence—information about—\n\t(i)\tthe amount of water attached to the licence; and\n\t(ii)\tthe purpose or purposes for which the water may be used;\n\t(i)\tin relation to a security interest registered under Schedule 4—\n\t(i)\tthe contact details of the person who has the benefit of the security interest; and\n\t(ii)\tif relevant, the interest of a tenant in common to which the security interest applies; and\n\t(iii)\tthe order of priority that applies in relation to the security interest; and\n\t(iv)\tthe date and time of any discharge of the security interest; and\n\t(v)\tif so determined by the Minister, any instrument reference number assigned to the instrument evidencing the security interest;\n\t(j)\tin relation to any water levy, penalty, fee or charge that relates to a Schedule 4 entitlement—\n\t(i)\tthe amount of the levy, penalty, fee or charge; and\n\t(ii)\tinformation about the person who is liable for payment (including in relation to any interest on an unpaid amount);\n\t(k)\tin relation to a permit granted for a water affecting activity—information about—\n\t(i)\tthe name and contact details of the person to whom the permit is issued; and\n\t(ii)\tthe date of issue; and\n\t(iii)\tthe activity authorised under the permit; and\n\t(iv)\tany condition to which the permit is subject; and\n\t(v)\tthe land with which the permit is associated; and\n\t(vi)\tthe date of any variation of the permit; and\n\t(vii)\tthe date of expiry, surrender or revocation.\n\t(2)\tFor the purposes of Schedule 4 clause 6(f) of the Act, the following information (in detail determined by the Minister) is prescribed in relation to any caveat registered under Part 4 of that Schedule:\n\t(a)\tthe name and contact details of the caveator or caveators;\n\t(b)\tthe date and time of registration;\n\t(c)\tthe nature of the caveat and caveatable interest (determined according to criteria adopted by the Minister);\n\t(d)\tif so determined by the Minister, any instrument reference number assigned to an instrument evidencing a caveatable interest;\n\t(e)\tif the caveat applies in relation to part of a water access entitlement—the interest to which it relates;\n\t(f)\tthe dealings forbidden by the caveat and, if relevant, any dealings permitted under the terms of the caveat or by the caveator;\n\t(g)\tthe date of an application to remove the caveat;\n\t(h)\tthe period of the caveat, or other information about the expiry, lapsing or removal of the caveat.\n5—Priority of registration\n\t(1)\tThis regulation applies in relation to instruments lodged for registration on the register under Part 8 and Schedule 4 of the Act, and these regulations.\n\t(2)\tThe priority of instruments to which this regulation applies lodged for registration, as between themselves, is according to the time and date of lodgement with the Minister unless some other order of priority is indicated by the parties at the time of lodgement of 2 or more instruments.\n\t(3)\tA registration takes effect at the time the registration is made.\n\t(4)\tSubregulations (2) and (3) do not affect—\n\t(a)\tthe operation of a caveat insofar as it relates to an interest protected by the registration of the caveat before the registration of a subsequent interest; or\n\t(b)\tthe operation of any other regulation which provides for the effect of recording anything on the register.\n\t(5)\tIn this regulation—\ninstrument includes an application and any supporting documentation;\nregistration includes recording.\n6—Application to alter details on register\n\t(1)\tA person may apply to the Minister for an alteration to be made to the register—\n\t(a)\tto record any dealing, transaction or other action or circumstance that affects information registered or recorded on the register; or\n\t(b)\totherwise to change any information on the register.\n\t(2)\tAn application under subregulation (1)—\n\t(a)\tmust be in a form approved by the Minister; and\n\t(b)\tmust be accompanied by the prescribed fee.\n\t(3)\tThe Minister may give effect to the application if satisfied (in such manner as the Minister thinks fit) that the alteration should be made.\nPart 3—Transfers\n7—Registration of transfers\n\t(1)\tIn connection with the operation of Schedule 4 clause 7 of the Act, the Minister gives effect to a transfer under section 125 of the Act—\n\t(a)\tby registering the transfer on the register after approving the transfer on application made in accordance with section 125 of the Act; or\n\t(b)\tsubject to the operation of this regulation, by—\n\t(i)\tapproving the transfer on application made in accordance with section 125 of the Act; and\n\t(ii)\tregistering the transfer on a separate application made for the purposes of this paragraph within the period applying under subregulation (4).\n\t(2)\tThe holder of a designated entitlement may, at the time of making an application under section 125 for a designated transfer, request the Minister to give effect to the transfer—\n\t(a)\tunder subregulation (1)(a); or\n\t(b)\tunder subregulation (1)(b).\n\t(3)\tIf a request is not made at the time of application, it will be taken that the Minister is to give effect to the transfer under subregulation (1)(a).\n\t(4)\tAn application for the registration of a transfer under subregulation (1)(b)(ii) must be made within 2 months after the Minister grants approval to the transfer under the relevant designated section.\n\t(5)\tFor the purposes of Schedule 4 clause 7 of the Act—\n\t(a)\tsubregulation (1)(a) is recognised as the procedure for the purposes of clause 7(2)(a); and\n\t(b)\tthe period under subregulation (4) is the prescribed period that applies under clause 7(2)(b); and\n\t(c)\ta designated transfer is a transfer of a prescribed kind for the purposes of clause 7(3) (in a case where subregulation (1)(b) applies).\n\t(6)\tIn this regulation—\ndesignated entitlement means—\n\t(a)\ta water licence; or\n\t(b)\ta water access entitlement, or part of a water access entitlement;\ndesignated transfer means a permanent transfer of a designated entitlement.\n8—Co holders\n\t(1)\tIf 2 or more persons hold a water licence or water access entitlement as joint tenants, the consent of each person is required in connection with the transfer of the licence or water access entitlement (or an interest in the licence or a part of the water access entitlement), as the case may be, to another person.\n\t(2)\tA tenant in common may transfer their interest in a water licence or water access entitlement (or a part of a water access entitlement) without the consent of any other tenant in common.\n\t(3)\tThis regulation applies from a day determined by the Minister.\n\t(4)\tA determination under subregulation (3) must be published in the Gazette.\nPart 4—Security interests\n9—Creation of security interest—tenants in common\n\t(1)\tA tenant in common holding an interest in respect of a water licence or a water access entitlement (or part of a water access entitlement) may create a security interest over that interest without the consent of a tenant in common holding another interest in the same water licence or water access entitlement.\n\t(2)\tThis regulation applies from a day determined by the Minister.\n\t(3)\tA determination under subregulation (2) must be published in the Gazette.\n10—Consent to register security interest\nThe consent of each of the following persons is required in order to register a security interest over a water licence or water access entitlement (or part of a water access entitlement):\n\t(a)\ta person who holds an interest in the water licence or water access entitlement (or part of a water access entitlement);\n\t(b)\ta person who has the benefit of the security interest.\n11—Minister not required to consider legal effect\nSubject to the requirements of Schedule 4 clause 8(4) of the Act, the Minister is to proceed to register a security interest on the receipt of an instrument under Schedule 4 clause 8(2) of the Act without inquiring into, or being concerned with, the legal effect of the security interest.\n12—Certain dealings not to be registered\n\t(1)\tFor the purposes of Schedule 4 clause 8(4)(b) of the Act, the Minister must not register a security interest if the application is being made in relation to a water licence or a water access entitlement that is being, or has been, transferred for a limited period.\n\t(2)\tThe Minister must not register a transfer of a water licence or a water access entitlement (or part of a water access entitlement) for a limited period if—\n\t(a)\tthe water licence or water access entitlement (as the case may be) is subject to a registered security interest; and\n\t(b)\tthe security interest is not being discharged before the registration of the transfer under these regulations.\n\t(3)\tSubregulation (2) does not apply if—\n\t(a)\tthe transfer is for part of a water access entitlement; and\n\t(b)\tthe security interest does not, or will not at the time of the registration of the transfer, apply in relation to the part of the water access entitlement that is being transferred.\n13—Registration not to impact certain matters\nThe registration of a security interest—\n\t(a)\tdoes not warrant or confirm the validity of the security interest to which the registration relates; and\n\t(b)\tdoes not limit or affect any action that the Minister may take in relation to a water licence or a water access entitlement under the Act, any regulations or a water allocation plan, or in the exercise of any other statutory function or power; and\n\t(c)\tdoes not prevent or require the holder of the security interest to consent to any transfer of a water allocation during a particular water use year; and\n\t(d)\tdoes not affect or prevent any transfer, variation, or surrender of a water licence, or any water access entitlement, required by law or by an order of a court or tribunal constituted by law; and\n\t(e)\tdoes not prevent the expiry of a water licence or water access entitlement, or any associated water allocation or other authorisation under the Act.\n14—Effect of security interest\nThe registration of a security interest under Schedule 4—\n\t(a)\tprovides for a record to be made of the security that has been provided by the holder of the interest in the water licence or water access entitlement to which the security interest relates; and\n\t(b)\tsecures the payment of a debt or the performance of some other obligation under a contract or other legally enforceable arrangement to which the security interest relates; and\n\t(c)\tif so provided by a specific provision of the Act or these regulations—gives rise to the requirement that certain dealings relating to the water licence or water access entitlement to which the security interest relates requires the consent of the holder of the security interest; and\n\t(d)\tensures that a transfer of the interest subject to the security interest will take effect subject to the security interest unless the security interest is discharged before the transfer occurs; and\n\t(e)\tgives priority to the security interest over other security interests registered after the security interest, and over all unregistered interests; and\n\t(f)\tprovides the holder of the security interest with a scheme for the enforcement of the security interest in the case of a default by the holder of the interest in the water licence or water access entitlement to which the security interest relates.\n15—Priority of interests\n\t(1)\tFor the purposes of Schedule 4 clause 9(2) of the Act, an application to vary the priority between registered security interests—\n\t(a)\tmust set out the order of priority of interests, as it will apply after the variation; and\n\t(b)\tmust be made with the consent of each party to a registered security interest that will be affected by the change in the order of priority.\n\t(2)\tFor the purposes of Schedule 4 clause 9(4)(a) of the Act, a caveat applying to an unregistered security interest is a caveat of a prescribed kind.\n16—Transfers\nFor the purposes of Schedule 4 clause 11(1) of the Act, the interest of the holder of a security interest, or of a part interest in a security interest, is prescribed.\n17—Discharge of registered security interests\n\t(1)\tFor the purposes of Schedule 4 clause 12(1) of the Act, the interest of a person holding a security interest, or a part interest in a security interest, is prescribed.\n\t(2)\tFor the purposes of Schedule 4 clause 12(2) of the Act, the Minister may discharge the registration of a security interest—\n\t(a)\ton account of an order of a court or tribunal constituted by law; or\n\t(b)\tif a power of sale has been exercised under Schedule 4 clause 13 of the Act in accordance with these regulations; or\n\t(c)\tif otherwise required by or under any other Act or law.\n18—Enforcement of security interests\n\t(1)\tThis regulation applies if—\n\t(a)\ta registered security interest secures the payment of a debt; and\n\t(b)\tthe holder of an interest in the water licence or water access entitlement that is subject to the security interest is in default in relation to that payment (the defaulter); and\n\t(c)\ta person who is the holder of the security interest (the claimant) determines to initiate action under Schedule 4 clause 13 of the Act to enforce the registered security interest.\n\t(2)\tIn a case where this regulation applies, the claimant must first serve a notice of the proposed enforcement action on the following persons:\n\t(a)\tthe defaulter;\n\t(b)\tany other person who is the holder of an interest in the water licence and, if the security interest relates to a water access entitlement, of an interest in the water access entitlement, and who is registered under the Act;\n\t(c)\tany other person who is the holder of a registered security interest in respect of the water licence or, if the security interest relates to a water access entitlement, in respect of the water access entitlement (whether or not having greater priority);\n\t(d)\tany person who is the holder of a caveat registered in relation to the water licence and, if the security interest relates to a water access entitlement, of a caveat registered in relation to the water access entitlement;\n\t(e)\tthe Minister.\n\t(3)\tA notice under subregulation (2)—\n\t(a)\tmust be in a form determined or approved by the Minister for the purposes of this regulation; and\n\t(b)\tmust be served in accordance with section 222 of the Act.\n\t(4)\tIf the defaulter does not rectify the default within 30 days of service of a notice under subregulation (3) (or within such longer period as the claimant may allow), the claimant may proceed to offer the relevant interest in the water licence (in the case of a security interest registered in respect of a licence) or the water access entitlement (in the case of a security interest registered in respect of a water access entitlement) for sale.\n\t(5)\tHowever, before acting under subregulation (4), the claimant must serve a notice of their proposed course of action under that subregulation in accordance with section 222 of the Act.\n\t(6)\tAfter taking the steps envisaged by subregulations (4) and (5), the claimant may apply to the Minister—\n\t(a)\tin the case of a sale—for the transfer of the interest in the water licence or water access entitlement (or part of the water access entitlement) to the purchaser; or\n\t(b)\tin the event that the claimant has been unable to effect a sale within a reasonable time for a reasonable price—for the transfer of the interest in the water licence or water access entitlement (or part of the water access entitlement) to the claimant.\n\t(7)\tAn application under subregulation (6) must be made in accordance with section 125 of the Act (and the provisions of that section relating to the payment of an application fee, and the grounds on which the Minister may decide to grant or refuse approval for the transfer of a licence or water access entitlement (or part of a water access entitlement), will apply).\n\t(8)\tHowever, it is declared that the requirement to obtain the consent of a person recorded on the register as having an interest in a water licence under section 125(10) of the Act will not apply.\n\t(9)\tAny purchase money obtained by the exercise of a power of sale under this regulation will be applied as follows:\n\t(a)\tfirstly—in discharging any liability for any outstanding levy, fee or charges payable under the Act in relation to the water licence or water access entitlement;\n\t(b)\tsecondly—in paying the costs of any sale and any other costs incurred by the claimant in proceeding under this regulation;\n\t(c)\tthirdly—in discharging any liabilities secured by any registered security interests, or unregistered security interests protected by a registered caveat under Schedule 4 clause 9(4)(a) of the Act, in order of their priority;\n\t(d)\tfourthly—in payment to the defaulter.\n\t(10)\tOn the transfer of an interest in a water licence or water access entitlement (or part of the water access entitlement) under this regulation, all security interests and caveats registered in respect of that interest or water access entitlement (or part of the water access entitlement), as the case may be, are to be discharged by the Minister.\n\t(11)\tThe transfer of an interest in a water licence or water access entitlement (or part of the water access entitlement) under this regulation does not affect—\n\t(a)\tany condition, requirement or other obligation applying in relation to the relevant water licence (unless the Minister varies a condition under section 125 of the Act); or\n\t(b)\tany other action that the Minister may take in relation to a transfer, or proposed transfer, of a water licence or water access entitlement (or part of the water access entitlement); or\n\t(c)\tthe operation or affect of a water allocation plan as it relates to the relevant water licence or any water access entitlement (or part of a water access entitlement).\n\t(12)\tA person who is entitled to receive a notice under subregulation (2) may apply to the ERD Court for an order—\n\t(a)\tthat a sale should not proceed under subregulation (4); or\n\t(b)\tthat a transfer should not proceed under subregulation (6); or\n\t(c)\tthat compensation should be paid to the person on the ground that the claimant did not take reasonable steps to secure the highest possible amount by way of a power of sale under this regulation.\n\t(13)\tAn application to the ERD Court under subregulation (12) must be made—\n\t(a)\tin the case of an application under subregulation (12)(a)—within 21 days after a notice is given under subregulation (2); or\n\t(b)\tin the case of an application under subregulation (12)(b)—within 14 days after an application is made to the Minister under subregulation (6); or\n\t(c)\tin the case of an application under subregulation (12)(c)—within 6 months after an application is made to the Minister under subregulation (6).\n\t(14)\tThe ERD Court may—\n\t(a)\ton an application under subregulation (12)(a)—order that any action under subregulation (4) not proceed if the court is satisfied that there has been no default under the terms of the security interest, or that the default has been rectified; and\n\t(b)\ton an application under subregulation (12)(b)—order that a transfer of a water licence not proceed if the court is satisfied that there has been a failure to comply with a relevant regulation or provision of the Act; and\n\t(c)\tin any case—\n\t(i)\torder that a claimant pay compensation for any loss or damage suffered because the claimant acted to enforce the security interest without reasonable cause, failed to comply with a requirement under these regulations or a provision of the Act, or failed to take reasonable steps to secure the highest possible amount by way of a power of sale under this regulation;\n\t(ii)\tmake any consequential or ancillary order or direction, or impose any condition, that the court considers necessary or expedient.\n19—Expiry of registered security interests\n\t(1)\tUnless discharged at an earlier time, the registration of a security interest under Schedule 4 of the Act expires at the end of the period of 15 years from the date of its registration (subject to any extension under this regulation).\n\t(2)\tThe parties to a security interest registered under Schedule 4 may apply to the Minister to extend the period of registration of a security interest.\n\t(3)\tAn application under subregulation (2)—\n\t(a)\tmust be made not later than 14 business days before the expiration of the period of the registration; and\n\t(b)\tmust be in a form determined by the Minister; and\n\t(c)\tmust be accompanied by the prescribed fee.\n\t(4)\tThe Minister may, on application under this regulation, extend the period of registration of a security interest for a further period of 7 years (and any such period may be extended from time to time by further applications under this regulation).\n\t(5)\tIf an application for the extension of a registration is not decided before the date of expiry or if the Minister, on application under this regulation or on the Minister's own motion, in the Minister's discretion, extends the time by which an application for an extension must be made, the registration continues in operation until the application is decided and, if the registration is extended, the extension dates from the time on which the registration would, but for this subregulation, have expired.\nPart 5—Caveats\n20—Registration of caveat on application\n\t(1)\tSubject to this regulation, a caveat may relate to a caveatable interest.\n\t(2)\tAn application for the registration of a caveat under this Part may be made by a person claiming a caveatable interest.\n\t(3)\tAn application for the registration of a caveat—\n\t(a)\tmust be in a form determined by the Minister; and\n\t(b)\tmust be accompanied by the prescribed fee.\n\t(4)\tThe Minister may require a person to provide evidence or other information, in a manner determined by the Minister, that relates to any interest or other matter that is relevant to an application under this regulation.\n\t(5)\tWithout limiting subregulation (4), the Minister may require that a person applying for the registration of a caveat include a statutory declaration as to the truthfulness and accuracy of any matter specified by the person in the application.\n\t(6)\tIf a caveat is registered without the express consent of the holder of the relevant entitlement, the Minister must notify the holder of the relevant entitlement of the registration of the caveat.\n\t(7)\tA notification under subregulation (6)—\n\t(a)\twill be made in a manner and form determined by the Minister; and\n\t(b)\tmust include advice about the processes available under regulation 23 to have the caveat removed.\n\t(8)\tSubject to the preceding subregulations, the Minister may register a caveat without inquiring into, or being concerned with, the legal effect of any instrument or agreement that relates to the interest being claimed under the caveat.\n21—Registration of caveat by Minister\nThe Minister may register a caveat—\n\t(a)\ton behalf of the Crown; or\n\t(b)\tfor the prevention of fraud or an improper dealing; or\n\t(c)\tif it appears to the Minister that an error has been made in an instrument; or\n\t(d)\tfor the protection of a person who has a legal disability or is otherwise impaired or incapacitated in any way; or\n\t(e)\tif the Minister considers it is in the public interest to do so.\n22—Effect of caveat\n\t(1)\tSubject to subregulation (2), a caveat that has been registered under this Part may (according to its terms) forbid the registration of—\n\t(a)\ta transfer of a relevant entitlement; or\n\t(b)\ta variation of a relevant entitlement; or\n\t(c)\ta security interest that relates to a relevant entitlement; or\n\t(d)\ta surrender of a relevant entitlement,\nunless—\n\t(e)\tthe caveator consents to the registration; or\n\t(f)\tthe relevant dealing is expressly stated to be subject to the interest claimed by the caveator; or\n\t(g)\tthe relevant dealing is a dealing, or is a dealing of a class, specified in the caveat.\n\t(2)\tThe registration of a caveat under this Part—\n\t(a)\tdoes not warrant or confirm the validity of any interest to which the caveat relates; and\n\t(b)\tdoes not limit or affect any action that the Minister may take in relation to a water licence or a water access entitlement under the Act, any regulations or a water allocation plan, or in the exercise of any other statutory function or power; and\n\t(c)\tdoes not have the effect of requiring the consent of the caveator to any transfer of a water allocation during a particular water use year; and\n\t(d)\tdoes not affect or prevent any transfer, variation, or surrender of a water licence, or any water access entitlement, required by law or by an order of a court or tribunal constituted by law; and\n\t(e)\tdoes not affect or prevent the registration of any security interest required by law or by an order of a court or tribunal constituted by law; and\n\t(f)\tdoes not prevent the expiry of a water licence or water access entitlement, or any associated water allocation or other authorisation under the Act; and\n\t(g)\tdoes not prevent or affect the exercise of a power of sale under Schedule 4 clause 13 of the Act (as provided by these regulations).\n23—Lapsing of registration\n\t(1)\tA caveat registered under this Part will lapse—\n\t(a)\ton the withdrawal of the caveat by the caveator; or\n\t(b)\ton the expiration of the caveat—\n\t(i)\ton a date of expiry; or\n\t(ii)\tat the end of a period; or\n\t(iii)\ton the occurrence of an event,\nas specified by the caveator in the application to register the caveat under this Part; or\n\t(c)\tif the Minister receives a copy of an order of the ERD Court, or of any other court or tribunal constituted by law, that provides for the lapsing of the caveat; or\n\t(d)\tif the caveat lapses under subregulation (2).\n\t(2)\tIf—\n\t(a)\ta caveat is registered without the express consent of the holder of the relevant water licence; and\n\t(b)\tthe holder of the relevant water licence, within 28 days after receiving the notification required under regulation 20(6), applies to the Minister for the lapsing of the caveat under this subregulation,\nthen—\n\t(c)\tthe Minister must give notice of the application to the caveator; and\n\t(d)\tthe caveat will lapse at the expiry of 21 days after service of the notice on the caveator unless the caveator, within that period—\n\t(i)\tobtains an order of the ERD Court under regulation 25 that provides that the caveat should continue to be registered; and\n\t(ii)\tprovides the order to the Minister in accordance with any requirements determined by the Minister for the purposes of this regulation.\n24—Application to ERD Court to lapse caveat or obtain compensation\n\t(1)\tA person who—\n\t(a)\thas an interest in a relevant entitlement that is subject to a caveat registered under this Part; or\n\t(b)\thas an interest that is directly affected by a caveat registered under this Part,\nmay apply to the ERD Court under this regulation.\n\t(2)\tAn application may be made for 1 or more of the following:\n\t(a)\ta declaration that—\n\t(i)\tan interest claimed by the caveator is not a valid interest for the registration of a caveat; or\n\t(ii)\ta caveat should not have been registered under this Part for any other reason;\n\t(b)\tan order that a caveat lapse;\n\t(c)\tan order that a transfer, variation or surrender relating to a relevant entitlement be registered despite the registration of a caveat under this Part;\n\t(d)\tan order that a security interest relating to a relevant entitlement be registered despite the registration of a caveat under this Part;\n\t(e)\tan order that a caveator pay compensation for any loss or damage suffered because a caveat registered under this Part does not relate to a valid interest for the registration of a caveat.\n\t(3)\tAny compensation payable under an order under subregulation (2)(e) may be recovered as if it were a debt due to the person in whose favour the order is made in a court of competent jurisdiction.\n25—Application to ERD Court to preserve caveat\n\t(1)\tA caveator who has received a notice from the Minister under regulation 23(2) may apply to the ERD Court under this regulation.\n\t(2)\tThe ERD Court may, on application under this regulation, if it considers that there are reasonable grounds to do so, make an order that the caveat should continue to be registered.\n\t(3)\tAn order under subregulation (2) may provide that the caveat should continue—\n\t(a)\tfor a further period specified by the Court; or\n\t(b)\tuntil a further order of the Court; or\n\t(c)\tuntil the occurrence of an event specified by the Court; or\n\t(d)\tuntil the caveat lapses under another provision of these regulations.\n\t(4)\tThe ERD Court may make an order under this regulation subject to such conditions as the Court thinks fit.\n\t(5)\tThe ERD Court should only make an order under subregulation (2) if the caveator has made application under this regulation in sufficient time for the Court to make an order that can be provided to the Minister under regulation 23(2).\n\t(6)\tThe ERD Court has jurisdiction to make any further order in connection with the operation of this Part as the Court thinks fit.\n26—Limit on applications for second or subsequent caveats\nIf—\n\t(a)\ta caveat is registered in respect of a relevant entitlement; and\n\t(b)\tthe caveat lapses,\nthe caveator or any related body corporate may not apply to register a second or subsequent caveat relating to the same interest in the relevant entitlement without the approval of the ERD Court, or unless the second or subsequent caveat is being registered with the express consent of the holder of the relevant entitlement.\nPart 6—Notice of prescribed events\n27—Notice of prescribed events\n\t(1)\tA person with a registered interest in a water licence or a water access entitlement may apply to the Minister to participate in a scheme under which the person, or an agent or other person nominated by the person with the registered interest, will be notified of the occurrence of a prescribed event at the relevant time under subregulation (4).\n\t(2)\tAn application under subregulation (1)—\n\t(a)\tmust be made with the consent of the holder of the water licence or water access entitlement; and\n\t(b)\tmust be in a form determined by the Minister; and\n\t(c)\tmust be accompanied by the prescribed fee.\n\t(3)\tThe Minister may cease to provide notifications to a person under the scheme if—\n\t(a)\tthe holder of the water licence or water access entitlement withdraws their consent under the scheme; or\n\t(b)\tthe person ceases to have a registered interest in the water licence or water access entitlement.\n\t(4)\tFor the purposes of this regulation as it applies in relation to a water licence or water access entitlement, the following are prescribed events (with the relevant times that apply to those events):\n\t(a)\tthe service of a notice on the holder of the water licence under section 80(1) or (2) of the Act, with the relevant time being when the notice is provided to the holder of the licence;\n\t(b)\tthe receipt of an application to vary the water licence under section 124(1)(a) of the Act, with the relevant time being when the application is received by the Minister;\n\t(c)\tthe receipt of an application to vary the conditions as to the volume of water that may be taken, collected, diverted, extracted or used under the water licence, or under a water resource works approval or site use approval associated with the licence, with the relevant time being when the application is received by the Minister;\n\t(d)\tthe service of a notice on the holder of the water licence under section 157(1) or (3) of the Act, with the relevant time being when the notice is provided to the holder of the licence;\n\t(e)\tthe registration of a security interest or caveat under these regulations, with the relevant time being when registration occurs;\n\t(f)\ta correction to the register that has a material impact on the person's registered interest, with the relevant time being when the correction is made.\nPart 7—Electronic lodgement network\n28—Minister may establish an electronic lodgement network\n\t(1)\tThe Minister may establish and maintain an electronic lodgement network for the purpose of lodging electronic documents for registration on the register.\n\t(2)\tThe Minister may, from time to time, make specifications as to the requirements for the electronic lodgement network or otherwise in relation to its administration, which may include—\n\t(a)\tconditions of access to the electronic lodgement network; and\n\t(b)\trequirements for eligible users of the network to comply with specifications relating to the verification of identity or authority, and for the authentication of information or documents including requirements as to the certification, or electronic certification, of documents or relevant matters; and\n\t(c)\trequirements for the retention of documents supporting or authenticating electronic documents, including periods of retention; and\n\t(d)\tinsurance requirements; and\n\t(e)\tprovision for the audit of eligible users in connection with the use of the electronic lodgement network, including as to whether they have met specifications relating to the electronic lodgement network and for restricting access in relevant circumstances.\n\t(3)\tIn this regulation—\nregistration includes recording.\n29—Notification scheme\n\t(1)\tThe Minister may establish a scheme under which a person with an interest in a water licence or water access entitlement, or an agent or other person nominated by the person with the interest, is notified of the occurrence of a transaction using an electronic lodgement network established under this Part.\n\t(2)\tA scheme under subregulation (1) may—\n\t(a)\tapply to the extent determined by the Minister; and\n\t(b)\tinclude conditions of access to the scheme; and\n\t(c)\trequire a person to apply to the Minister, in a manner and form determined by the Minister, in order to participate in the scheme.\n30—Evidence of transactions\n\t(1)\tOn the application of any person, the Minister may produce a document in writing recording—\n\t(a)\tinformation that has been registered or recorded on the register as a result of an electronic document; or\n\t(b)\tinformation contained in an electronic document that has been lodged for registration or recording on the register.\n\t(2)\tThe Minister may determine that a class of information registered or recorded on the register will only be provided to—\n\t(a)\tthe holder or holders of interests of that class; or\n\t(b)\tsome other limited class of persons.\n\t(3)\tA document produced under subregulation (1) may be certified by the Minister in such manner as the Minister may determine.\n\t(4)\tAn application under this regulation—\n\t(a)\tmust be made in a form determined by the Minister; and\n\t(b)\tmust be accompanied by the prescribed fee.\n31—Electronic certification of electronic documents\n\t(1)\tThe Minister may produce in an electronic form a representation of any electronic document lodged in the electronic lodgement network.\n\t(2)\tThe Minister may certify the electronic representation in any manner determined by the Minister.\nPart 8—Related initiatives to facilitate administration of entitlements or related processes\nDivision 1—Subdivision and consolidation of water licences\n32—Subdivision of water licences\n\t(1)\tThe holder of a water licence may apply to the Minister for the subdivision of the water licence by cancelling the licence and granting 2 or more licences in its place.\n\t(2)\tAn application under subregulation (1)—\n\t(a)\tmust be made in a form determined by the Minister; and\n\t(b)\tmust be accompanied by the prescribed fee.\n\t(3)\tIf—\n\t(a)\ta water licence is held by 2 or more persons; and\n\t(b)\t1 or more of those persons are unwilling to make an application under this regulation,\nan application may nevertheless be made under this regulation with the approval of the ERD Court.\n\t(4)\tThe ERD Court may, on an application made for the purposes of subregulation (3)—\n\t(a)\tgive its approval if satisfied that it is just and equitable to do so; and\n\t(b)\tif an approval is given—make any consequential or ancillary order or direction, or impose any condition, that the court considers necessary or expedient.\n\t(5)\tWater licences arising from a subdivision of a water licence may only be granted—\n\t(a)\twith combined water access entitlements or quantity of water taken to be a water access entitlement no greater than the corresponding entitlements or allocations of the cancelled water licence; and\n\t(b)\tsubject to the same conditions as those to which the cancelled water licence was subject, subject to any consequential alterations (if any) made by the Minister; and\n\t(c)\tif relevant, for a period no greater than the residue of the period for which the cancelled water licence would have had effect if it had not been cancelled.\n\t(6)\tSubject to subregulation (5)—\n\t(a)\tthe holder, or holders, of each of the water licences arising from the subdivision will be—\n\t(i)\tthe holder of the cancelled water licence; or\n\t(ii)\tif there were 2 or more holders of the cancelled licence—those holders, or those holders in any combination in relation to any of the water licences; and\n\t(b)\tany water access entitlement or volume of water to apply in relation to the water licences arising from the subdivision will be,\nas determined or allocated in accordance with—\n\t(c)\tthe request of the applicant or applicants in the application under subregulation (1) (unless an application has been made under subregulation (3)); or\n\t(d)\tan order of the ERD Court under subregulation (4).\n\t(7)\tIf a security interest is registered in relation to a water licence that is sought to be subdivided under this regulation, an application under this regulation may only be made with the consent of the person who has the benefit of the security interest.\n\t(8)\tAny registered security interest or caveat applying in relation to a water licence cancelled under this regulation will apply (and be registered) in relation to the new licences granted under this regulation unless the person who has the benefit of the security interest or caveat (as the case may be) has consented to the discharge of the security interest or the withdrawal of the caveat with respect to 1 or more of the licences to be created under this regulation.\n33—Consolidation of water licences\n\t(1)\tThe holder of a water licence may apply to the Minister for the consolidation of 2 or more water licences by cancelling the licences and granting a single licence in their place.\n\t(2)\tAn application under subregulation (1)—\n\t(a)\tmust be made in a form determined by the Minister; and\n\t(b)\tmust be accompanied by the prescribed fee.\n\t(3)\tAn application may only be granted if—\n\t(a)\tthe water licences to be consolidated relate to the same prescribed water resource and, if relevant, the same consumptive pool, and that the classification of water access entitlements (if relevant) are compatible; and\n\t(b)\tthe water licence arising from a consolidation of the water licences will be consistent with the relevant water allocation plan; and\n\t(c)\tthe Minister is satisfied as to any other matter determined to be relevant by the Minister.\n\t(4)\tIn relation to the water licence arising from a consolidation of water licences—\n\t(a)\tthe water licence will be subject to the same conditions as those to which the cancelled water licences were subject, subject to any consequential alterations (if any) made by the Minister; and\n\t(b)\tif relevant, the period of the water licence will be a period no greater than the residue of the earliest expiring period for which the cancelled water licences would have had effect if they had not been cancelled, subject to any alternative period determined by the Minister, after consultation with the holder of the licences.\n\t(5)\tIf a security interest is registered in relation to a water licence that is sought to be part of the consolidation of licences under this regulation, an application under this regulation may only be made with the consent of the person who has the benefit of the security interest.\n\t(6)\tAny registered security interest or caveat applying in relation to a water licence cancelled under this regulation will apply (and be registered) in relation to the new licence granted under this regulation unless the person who has the benefit of the security interest or caveat (as the case may be) has consented to the discharge of the security interest or the withdrawal of the caveat with respect to the licence to be created under this regulation.\n\t(7)\tThe order of priority between 2 or more security interests registered with respect to the new licence will be an order specified by the person or persons who have provided their consent under subregulation (5) (and if an agreement cannot be reached between those persons who have the benefit of the security interests then a consolidation cannot proceed under this regulation).\nDivision 2—Verification information\n34—Verification information\n\t(1)\tThe Minister may require any person who—\n\t(a)\tmakes an application that will result in any matter to be recorded, registered or altered on the register; or\n\t(b)\tis required to give or provide any consent or information in connection with a matter associated with the register; or\n\t(c)\tapplies to access information on the register,\nto provide prescribed verification information in a manner (and to an extent) determined by the Minister.\n\t(2)\tThe Minister is not required to record or register any matter on the register, or to take other action associated with the register, if the Minister is not satisfied as to 1 or both of the following:\n\t(a)\tthe identity of any person by or on behalf of whom a document relevant to the matter has been executed;\n\t(b)\tthe authority of a particular person to act in relation to the matter.\n\t(3)\tThe Minister may require or permit the identity or authority of a person to be verified by a person, or a person of a class, determined or approved by the Minister for the purposes of this regulation.\n\t(4)\tIn this regulation—\nprescribed verification information means information for the purpose of verifying—\n\t(a)\tproof of identity of any person; or\n\t(b)\tproof of authority to enter into any dealing, to take any step or to undertake any action associated with the operation of the Act or the register.\nDivision 3—Agent trading\n35—Agent trading\n\t(1)\tThe holder of the licence may appoint another person (the holder of the licence's agent) to act on their behalf in relation to any trading of—\n\t(a)\ta water access entitlement, or part of a water access entitlement, under the licence; or\n\t(b)\ta water allocation associated with the licence.\n\t(2)\tAn appointment under subregulation (1)—\n\t(a)\tmust be made in a manner and form determined by the Minister; and\n\t(b)\tmust be accompanied by the prescribed fee.\n\t(3)\tAn appointment under this regulation—\n\t(a)\tmay be made for—\n\t(i)\tan indefinite period; or\n\t(ii)\ta specified period; and\n\t(b)\tis revocable at will by the person who made the appointment (including in a case where a specified period under paragraph (a)(ii) is still running); and\n\t(c)\tmay be made subject to conditions; and\n\t(d)\tdoes not derogate from the ability of the person who made the appointment to act in any matter.\n\t(4)\tWhile an appointment is in place under this regulation, an act of an agent in relation to the transfer of a water access entitlement (or part of a water access entitlement), or water allocation, on behalf of the person who made the appointment will be taken to be an act of the relevant person.\n\t(5)\tAn appointment under this regulation takes effect when recorded by the Minister on the register.\nPart 9—Miscellaneous\n36—Joint ownership—general provisions\n\t(1)\tIf a water licence is to be held by 2 or more persons, they must specify in the relevant application to the Minister—\n\t(a)\twhether they are to hold the licence as joint tenants or tenants in common; and\n\t(b)\tif they are to be tenants in common—the proportions to be held by each person.\n\t(2)\tIn the case of a water licence held by 2 or more persons in existence immediately before the day determined by the Minister under subregulation (9), they may apply to the Minister, in a form determined by the Minister, to have a record made on the register indicating whether they hold the licence as joint tenants or tenants in common.\n\t(3)\tNo fee will apply in relation to an application under subregulation (2) if it is made within 2 years after the day determined by the Minister under subregulation (9).\n\t(4)\tThe proportions applying in relation to tenants in common must be specified—\n\t(a)\tas a specified number of shares that form part of a water access entitlement; or\n\t(b)\tas a specified share of water that may be available for allocation; or\n\t(c)\tin some other way approved by the Minister.\n\t(5)\tEven if a water licence is held by tenants in common, the consent of all holders of the licence will be required in respect of any application or dealing relating to a water allocation associated with the licence.\n\t(6)\tIf a Schedule 4 entitlement is held by 2 or more persons, a holder of the licence may appoint another holder of the entitlement (the holder of the licence's nominee) to act on their behalf (and the same person may be the nominee of more than 1 other holder of the entitlement).\n\t(7)\tAn appointment under subregulation (6)—\n\t(a)\tmust be made in a manner and form determined by the Minister; and\n\t(b)\tmay be revoked by the person who made the appointment by complying with any requirement determined by the Minister.\n\t(8)\tWhile an appointment is in place under subregulation (6), a consent of a nominee given on behalf of the person who made the appointment will be taken to be a consent of the relevant person.\n\t(9)\tThis regulation applies from a day determined by the Minister.\n\t(10)\tA determination under subregulation (9)—\n\t(a)\tmay only be made when the Minister is satisfied that systems are in place to support the operation of this regulation; and\n\t(b)\tmust be published in the Gazette.\n37—Changes in tenancy arrangements\n\t(1)\tIf a water licence is held by 2 or more persons (whether as joint tenants or tenants in common), a holder of the licence may apply to the Minister to record an alteration in a way in which the licence is held by those persons (the co‑holders tenancy arrangement) in the register.\n\t(2)\tAn application under subregulation (1)—\n\t(a)\tmust be made in a form determined by the Minister; and\n\t(b)\tmust be accompanied by the prescribed fee.\n\t(3)\tThe alteration to the co‑holders tenancy arrangement takes effect when the Minister records the alteration in the register.\n\t(4)\tThe Minister must not record the alteration unless—\n\t(a)\teach holder of the water licence whose interest is affected by the alteration has consented to it being recorded; and\n\t(b)\tany holder of a security interest over the water licence or a holding in the water licence whose interest is affected by the alteration has consented to it being recorded.\n\t(5)\tIn the case of an alteration from joint tenants to tenants in common, the application must specify the proportions to be held by each person.\n\t(6)\tThe Minister may require that an applicant verify any information provided for the purposes of this regulation.\n\t(7)\tThis regulation applies from a day determined by the Minister.\n\t(8)\tA determination under subregulation (7)—\n\t(a)\tmay only be made when the Minister is satisfied that systems are in place to support the operation of this regulation; and\n\t(b)\tmust be published in the Gazette.\n38—Details for service of notices\nFor the purposes of Schedule 4 clause 19 of the Act—\n\t(a)\tthe Minister may serve or give a notice to a person in connection with the operation or administration of the register by using the contact details supplied by the person and recorded on the register (and without being required to determine whether those details are up‑to‑date); and\n\t(b)\tif a notice is sent by post or email to an address recorded on the register and the relevant letter or email is returned with a notification that it has not been delivered, the Minister may, as the Minister thinks fit—\n\t(i)\tdirect any further notice to be given; or\n\t(ii)\tdirect substituted service; or\n\t(iii)\tproceed without notice under these regulations.\n39—Devolution\n\t(1)\tA person to whom an interest in a designated entitlement has devolved by operation of law may apply to the Minister to be recorded in the register as the holder of the relevant interest.\n\t(2)\tOn the death of a person recorded on the register with another person as joint owners of an interest in a designated entitlement, the survivor may apply to the Minister for a record of the transmission to the survivor to be made in the register.\n\t(3)\tThe transmission of an interest in a prescribed entitlement by devolution does not have any force or effect for the purposes of the Act until it is registered, on application made to the Minister, on the register.\n\t(4)\tWithout limiting any other provision, a legal personal representative may apply to the Minister for the recording of the transmission—\n\t(a)\tto the legal personal representative of—\n\t(i)\tthe ownership of a prescribed entitlement; or\n\t(ii)\tthe ownership of an interest in a prescribed entitlement; or\n\t(b)\tto the beneficiary of the relevant estate of—\n\t(i)\tthe ownership of a prescribed entitlement; or\n\t(ii)\tthe ownership of an interest in a prescribed entitlement.\n\t(5)\tOn the making of a recording in a case where subregulation (4)(a)(i) applies—\n\t(a)\tthe legal personal representative becomes the owner of the prescribed entitlement in respect of the interest of the deceased owner of the prescribed entitlement; and\n\t(b)\tthe legal personal representative holds the prescribed entitlement subject to all interests to which the deceased owner was subject in relation to the prescribed entitlement, but for the purposes of any dealing with the prescribed entitlement under the Act, is the owner of the prescribed entitlement; and\n\t(c)\tthe status of the legal personal representative as owner of the prescribed entitlement relates back to, and is taken to have arisen on, the death of the owner of the prescribed entitlement as if there has been no interval of time between the death and the recording.\n\t(6)\tOn the making of a recording in a case where subregulation (4)(a)(ii) applies—\n\t(a)\tthe legal personal representative becomes the owner of the interest of the deceased owner in the prescribed entitlement; and\n\t(b)\tthe status of the legal personal representative as owner of the interest in the prescribed entitlement relates back to, and is taken to have arisen on, the death of the owner of the interest as if there has been no interval of time between the death and the recording.\n\t(7)\tOn the making of a recording in a case where subregulation (4)(b)(i) applies—\n\t(a)\tthe beneficiary becomes the owner of the prescribed entitlement in respect of the interest to which the application relates; and\n\t(b)\tthe beneficiary holds the prescribed entitlement subject to all interests in relation to the prescribed entitlement applying at the time of the transmission.\n\t(8)\tOn the making of a recording in a case where subregulation (4)(b)(ii) applies, the beneficiary becomes the owner of the interest in the prescribed entitlement to which the application relates.\n\t(9)\tAn application under this regulation—\n\t(a)\tmust be in a form determined by the Minister; and\n\t(b)\tmust be accompanied by the prescribed fee.\n\t(10)\tThe Minister may require a person to provide evidence or other information, in a manner determined by the Minister, that relates to any interest or other matter that is relevant to an application under this regulation.\n\t(11)\tIn this regulation—\ndesignated entitlement means—\n\t(a)\ta water access entitlement; or\n\t(b)\ta water allocation attached to a forest water licence; or\n\t(c)\ta delivery capacity entitlement;\nprescribed entitlement means—\n\t(a)\ta water licence; or\n\t(b)\ta water allocation; or\n\t(c)\ta designated entitlement.\n40—Recording of trustee of bankruptcy\n\t(1)\tThe trustee in bankruptcy of an owner of—\n\t(a)\ta prescribed entitlement; or\n\t(b)\tan interest in a prescribed entitlement,\nmay apply to the Minister for the recording of the transmission to the trustee of the prescribed entitlement or interest, as the case may be.\n\t(2)\tOn the making of a recording in a case where subregulation (1)(a) applies—\n\t(a)\tthe trustee in bankruptcy becomes the owner of the prescribed entitlement in respect of the interest of the owner of the prescribed entitlement; and\n\t(b)\tthe trustee in bankruptcy holds the prescribed entitlement subject to all interests to which the owner was subject in relation to the prescribed entitlement, but for the purposes of any dealing with the prescribed entitlement under the Act, is the owner of the prescribed entitlement.\n\t(3)\tOn the making of a recording in a case where subregulation (1)(b) applies, the trustee in bankruptcy becomes the owner of the interest in the prescribed entitlement.\n\t(4)\tAn application under this regulation—\n\t(a)\tmust be in a form determined by the Minister; and\n\t(b)\tmust be accompanied by the prescribed fee.\n\t(5)\tThe Minister may require a person to provide evidence or other information, in a manner determined by the Minister, that relates to any interest or other matter that is relevant to an application under this regulation.\n\t(6)\tThis regulation applies subject to any law of the Commonwealth of Australia relating to bankruptcy.\n\t(7)\tIn this regulation—\nprescribed entitlement means—\n\t(a)\ta water licence; or\n\t(b)\ta water access entitlement; or\n\t(c)\ta water allocation; or\n\t(d)\ta delivery capacity entitlement.\n41—Recording of administrator of a body corporate\n\t(1)\tThis regulation applies in relation to a body corporate that is the owner of—\n\t(a)\ta prescribed entitlement; or\n\t(b)\tan interest in a prescribed entitlement.\n\t(2)\tThe administrator of a body corporate may apply to the Minister for the recording of the vesting of a prescribed entitlement, or an interest in a prescribed entitlement, in the administrator.\n\t(3)\tOn the making of recording in a case where subregulation (1)(a) applies—\n\t(a)\tthe administrator becomes the owner of the prescribed entitlement in respect of the interest of the owner of the prescribed entitlement; and\n\t(b)\tthe administrator holds the prescribed entitlement subject to all interests to which the owner was subject in relation to the prescribed entitlement, but for the purposes of any dealing with the prescribed entitlement under the Act, is the owner of the prescribed entitlement.\n\t(4)\tOn the making of a recording in a case where subregulation (1)(b) applies, the administrator becomes the owner of the interest in the prescribed entitlement.\n\t(5)\tAn application under this regulation—\n\t(a)\tmust be in a form determined by the Minister; and\n\t(b)\tmust be accompanied by the prescribed fee.\n\t(6)\tThe Minister may require a person to provide evidence or other information, in a manner determined by the Minister, that relates to any interest or other matter that is relevant to an application under this regulation.\n\t(7)\tThis regulation applies subject to any law of the Commonwealth of Australia relating to the administration or liquidation of corporations.\n\t(8)\tIn this regulation—\nadministrator includes a liquidator of a corporation;\nprescribed entitlement means—\n\t(a)\ta water licence; or\n\t(b)\ta water access entitlement; or\n\t(c)\ta water allocation; or\n\t(d)\ta delivery capacity entitlement.\n42—Statutory declarations\nWithout limiting any other regulation, the Minister may require that any information to be provided for the purposes of the register be given by statutory declaration.\n43—Amendments or corrections\nThe Minister may amend or correct the register if required to do so by virtue of an order of a court or tribunal constituted by law.\n44—Transition of bills of sale\n\t(1)\tA prescribed bill of sale will, on the designated date, be taken to be a security interest registered under Schedule 4 clause 8 of the Act.\n\t(2)\tThe term of a security interest under subregulation (1) will be equal to the balance of the term of the bill of sale, as determined on the designated date.\n\t(3)\tThe order of priority between 2 or more bills of sale that relate to the same water licence and that are to be registered under this regulation will be an order that corresponds to their order of priority under the Bills of Sale Act 1886.\n\t(4)\tIn this regulation—\ndesignated date means 1 July 2022;\nexpiration date, in relation to a bill of sale, means the date that is 5 years after the last registration or renewal of registration (as the case may be) of the bill of sale under the Bills of Sale Act 1886;\nprescribed bill of sale means a bill of sale over a water licence registered under the Bills of Sale Act 1886 immediately before the designated date with an expiration date under the Bills of Sale Act 1886 that is on or after the designated date.\n45—Transition of interests recorded under repealed Act\n\t(1)\tAn interest noted on The Water Register against a water licence will, on the designated date, be taken to be a security interest registered under Schedule 4 clause 8 of the Act if—\n\t(a)\tthe holder of the interest has confirmed to the Minister that the interest is current and should be registered on The Water Register under Schedule 4 clause 8 of the Act; or\n\t(b)\tthe Minister determines that the interest should be registered on The Water Register despite not having received confirmation that the interest is current.\n\t(2)\tIf 2 or more interests are to be registered under this regulation on the designated date in relation to the same water licence, the order of priority of registration will be—\n\t(a)\tunless paragraph (b) applies—an order that corresponds to the order of notation of the relevant interests on The Water Register immediately before the designated date; or\n\t(b)\ton application to the Minister—an order agreed between the holder of the water licence and the holder or holders of the interests noted on The Water Register.\n\t(3)\tA confirmation provided under subregulation (1) or an application under subregulation (2)—\n\t(a)\tmust be made in response to an invitation from the Minister for the purposes of this regulation to confirm that an interest noted against a water licence should continue as a security interest registered under the Act (effective from the designated date); and\n\t(b)\tmust be in a form approved by the Minister.\n\t(4)\tIf—\n\t(a)\t1 or more interests are taken to be registered on the designated date in relation to a water licence under this regulation; and\n\t(b)\t1 or more bills of sale are also taken to be registered on the designated date in relation to the same water licence under regulation 44,\nthe bill of sale or bills of sale will be registered ahead of the corresponding security interest or security interests.\n\t(5)\tIn this regulation—\ndesignated date means 1 July 2022.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2020\n306\nGazette 26.11.2020 p5399 \n26.11.2020 except rr 4(1)(i) & (2), 7 to 27, 32, 33, 35 to 37 & 39 to 41—1.7.2022: r 2\n2021\n173\nGazette 18.11.2021 p4045\n18.11.2021: r 2\nProvisions varied\nNew entries appear in bold.\nProvision\nHow varied\nCommencement\nPt 1\n\n\nr 2\n\n\nr 2(2)\nvaried by 173/2021 r 4\n18.11.2021\nPt 9\n\n\nr 44\n\n\nr 44(4)\n\n\ndesignated date\nvaried by 173/2021 r 5\n18.11.2021\nr 45\n\n\nr 45(5)\n\n\ndesignated date\nvaried by 173/2021 r 6\n18.11.2021\nHistorical versions\n18.11.2021\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations appear to implement the specific water registration scheme contemplated by the Landscape South Australia Act 2019. The scope aligns with the parent Act's framework for water licensing and registration. While detailed, the provisions cover the expected operational matters for a water register: recording interests, transfers, security interests, caveats, and administrative processes. The transitional provisions (regulations 44-45) dealing with old Bills of Sale and repealed Act interests are within the expected scope of bringing historical arrangements into the new system."},"complexity_factors":["Multiple defined terms in interpretation section (11 defined terms including nested definitions like 'caveatable interest' with 6 sub-categories)","Extensive cross-referencing to the Landscape South Australia Act 2019 (particularly Schedule 4) and other legislation (Corporations Act 2001, Bills of Sale Act 1886)","Staggered commencement dates with different provisions starting on different dates (immediate vs 1 July 2022)","Conditional logic throughout: numerous 'if/then' structures, exceptions to general rules (e.g., regulation 12(3) creates exception to regulation 12(2)), and nested subregulations (up to 4 levels deep in Part 4)","Multiple parallel schemes operating simultaneously: security interests, caveats, electronic lodgement, agent trading, notification schemes","Interaction between state and federal law (bankruptcy and corporations legislation references in regulations 40-41)","Detailed procedural requirements with multiple steps and time limits (e.g., 30 days, 21 days, 28 days, 14 business days in enforcement and caveat procedures)","Discretionary ministerial powers throughout ('may', 'if satisfied', 'if the Minister thinks fit') creating administrative flexibility but legal uncertainty"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set up the rules for **The Water Register** — a central record-keeping system for water rights in South Australia. Think of it like a land titles office, but for water instead of property. It tracks who owns what water licences, who has borrowed money using water rights as collateral (security interests), and who has flagged disputes over water rights (caveats).\n\n**Who it affects:**\n\n- **Farmers and irrigators** who hold water licences or water access entitlements\n- **Banks and lenders** who take water rights as security for loans\n- **Buyers and sellers** of water rights\n- **The Minister** (government official) who administers the register\n- **Legal representatives** handling estates, bankruptcies, or corporate administrations involving water assets\n\n**Key things it covers:**\n\n- **What gets recorded:** Details of water licences, transfers, security interests (mortgages over water), caveats (warnings that someone claims an interest), subdivisions and consolidations of licences, and more\n- **How transfers work:** Rules for buying/selling water rights, including when you need everyone's consent (joint tenants) versus when you don't (tenants in common)\n- **Security interests:** How banks register loans secured against water rights, how they enforce those loans if someone defaults, and the priority between competing lenders\n- **Caveats:** How people protect their claimed interests in water rights, how caveats lapse, and how disputes get resolved in court\n- **Electronic systems:** Powers to set up online lodgement networks for digital transactions\n- **Special processes:** Rules for subdividing or consolidating water licences, agent trading (letting someone else trade your water), and handling water rights in bankruptcies or deceased estates\n\n**Why it matters:**\n\nWater is a valuable and tradable asset in Australia. These regulations create certainty about who owns what, protect lenders who finance water purchases, prevent fraud through registration requirements, and provide clear rules for resolving disputes. Without this system, buying water rights would be risky — you wouldn't know if someone else already had a claim on them."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess scope change as the full text of the regulations was not retrievable. Based on the title alone, the regulations appear to remain focused on their stated purpose of governing a water register under the Landscape South Australia Act 2019. No evidence of scope drift can be confirmed or denied without access to the actual text."},"complexity_factors":["Full legislative text was unavailable — analysis is based on title and context only, preventing meaningful complexity assessment","Administrative/registry regulations of this type are typically procedural and moderately technical rather than conceptually complex","Water law in South Australia involves layered licensing frameworks which can add complexity","Regulations made under the Landscape South Australia Act 2019 may cross-reference multiple parent provisions, adding interpretive layers"],"plain_english_summary":"The Landscape South Australia (Water Register) Regulations 2020 set out how water entitlements and licences are recorded and maintained in South Australia’s official water register, governing access to and the accuracy of those records.  \n\nThey matter to licence holders (farmers, irrigators, businesses), landscape boards, conveyancers and members of the public because an authoritative register underpins trade, security interests and transparent management of scarce water rights."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The regulations implement and detail the Act’s registration, priority, caveat, security interest and transaction administration framework rather than expanding the statutory scope. They add procedural, evidentiary and transitional mechanisms (including conversion of existing bills of sale and recorded interests) and phased commencement dates (reg 2; regs 44–45), but do not on their face extend the fundamental subject‑matter coverage conferred by the Landscape South Australia Act 2019."},"complexity_factors":["Extensive cross-referencing to the Landscape South Australia Act 2019 and to Schedule 4, requiring coordination between primary and subordinate instruments (see reg 3—definition of Act and multiple regs invoking Schedule 4).","Detailed, prescriptive record‑keeping requirements listing many distinct data points for different entitlement types (reg 4 sets diverse data obligations for licences, access entitlements, allocations, approvals, security interests and levies).","Layered priority and timing rules for lodgement and registration that interact with private agreements and Ministerial determinations (reg 5—priority by lodgement time; regs 7(1)(a)/(b) on transfer registration procedures).","Multiple consent and verification points that impose administrative and evidentiary burdens (consent for registration of security interests—reg 10; verification information and identity/authority checks—reg 34).","Ministerial discretion to approve, require forms, set fees, make Gazetted commencement dates and specify electronic‑lodgement technical standards (eg regs 6(2), 28(2), 31, 36(9)).","Complex caveat regime with ministerial registration powers, notice, automatic lapsing rules and ERD Court remedial paths (regs 20–26 establish application, notice, lapsing and court remedies).","Detailed enforcement pathway for security interest default including service obligations, sale process, priority of application of sale proceeds and ERD Court review windows (reg 18 sets notice, 30‑day cure, sale, distribution order and appeal timeframes).","Fixed expiry and discrete extension mechanics for registered security interests, with procedural deadlines and feeed applications (reg 19—15‑year term, 7‑year extensions and filing deadlines).","Transitional mechanics converting historical bills of sale and previously noted interests into Schedule 4 security interests and prescribing priority orders on the designated date (regs 44–45 create conversion and priority rules).","Interlocking co‑ownership, subdivision/consolidation and agent‑trading rules that require consents, ERD Court approvals in some cases and ministerial recording (regs 8–9, 32–33, 35–37).","Introduction of an electronic lodgement network and associated certification, retention, audit and access restrictions which adds technical and compliance complexity (regs 28–31)."],"plain_english_summary":"These regulations set out what information must be kept on The Water Register and the rules for recording, transferring and charging interests in South Australian water licences and water access entitlements. They create procedures for registering security interests and caveats, for enforcing and prioritising those interests, for electronic lodgement and notification, and for transitional treatment of earlier records. Affected parties include licence and entitlement holders, secured parties, caveators, agents and the Minister; the rules determine who decides, who pays fees, and what steps are required to change or protect interests."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/landscape-south-australia-water-register-regulations-2020","history":"/api/acts/landscape-south-australia-water-register-regulations-2020/history","analysis":"/api/acts/landscape-south-australia-water-register-regulations-2020/analysis","conflicts":"/api/acts/landscape-south-australia-water-register-regulations-2020/conflicts","importantCases":"/api/acts/landscape-south-australia-water-register-regulations-2020/important-cases","documents":"/api/acts/landscape-south-australia-water-register-regulations-2020/documents"}}