7Notifying the Registrar

7 Notifying the Registrar (1) Subject to this Schedule, if a mortgagee of a recorded mortgage of a water share exercises a power of sale under clause 6, a person may lodge with the Registrar a transfer for the recording of that sale in the water register. (2) A transfer under subclause (1) must be in the approved form. (3) If transfer under this clause is in the approved form and is expressed to be in exercise of a power of sale under clause 6, the Registrar may accept that transfer as sufficient evidence that the power has been duly exercised. 8 Application of purchase money The purchase money received arising from a sale under clause 6 must be applied as follows— (a) firstly, in payment of all costs, charges and expenses properly incurred in relation to the sale; (b) secondly, in payment of the money due or owing on the mortgage; (c) thirdly, in payment of the money owing under or in respect of subsequent recorded mortgages of the water share in the order of their respective priorities; (d) fourthly, in payment of the residue (if any) to the mortgagor. 9 Vesting of water share in purchaser (1) On the recording in the water register of a transfer under clause 7 pursuant to the exercise of a power of sale under clause 6, the interest of the mortgagor in the water share vests in the purchaser as owner by transfer, freed and discharged from all liability on account of— (a) the mortgage; and (b) except where the mortgagor is the purchaser, of any subsequent recorded mortgage of a water share; and (c) any subsequent recorded limited term transfer, except for a transfer to which the mortgagee gave consent. (2) Subclause (1) does not apply to a mortgage that is for any reason binding on the mortgagee. (3) The title of a purchaser of a water share is not impeachable on the ground that no case had arisen to authorise the sale under clause 6 or that due notice was not given or that the power of sale under clause 6 was otherwise improperly or irregularly exercised but any person affected by that sale may seek a remedy in damages in a court of competent jurisdiction against the person exercising the power. 10 Recording of discharge of recorded mortgage Sch. 12A cl. 10(1) substituted by No. 32/2010 s. 74. (1) A person may lodge with the Registrar a discharge of mortgage signed by the mortgagee, for the Registrar to record in the water register the discharge of the recorded mortgage from the water share. Sch. 12A cl. 10(1A) inserted by No. 32/2010 s. 74. (1A) On a discharge being lodged under subsection (1), the Registrar— (a) may make a recording in the water register discharging the mortgage; and (b) on the making of that recording, the water share ceases to be subject to, or liable for, the money secured by the mortgage. (2) A discharge of mortgage under subclause (1) must be in the approved form. (3) The Registrar may record in the water register that a recorded mortgage of a water share is discharged despite no discharge of mortgage being produced if— (a) a mortgagor submits to the Registrar evidence of that person's ownership of the water share; and (b) proof to the satisfaction of the Registrar that— (i) all the principal and interest due in respect of the mortgage have been paid to the person entitled to receive them; and (ii) that the person entitled to receive the amounts referred to in subparagraph (i) is dead, cannot be found or in the case of a body corporate, has ceased to exist. (4) On the recording of a discharge of a recorded mortgage of a water share by the Registrar under subclause (3), the water share ceases to be subject to, or liable for, that mortgage or any money due in respect of it. Sch. 12B inserted by No. 99/2005 s. 70, amended by No. 17/2014 s, 160(Sch. 2 item 109). Schedule 12B—Electronic transactions in the water register 1 Registrar may provide electronic lodgement network (1) The Registrar may provide or cause to be provided an electronic lodgement network for the purpose of lodging electronic documents for recordings to be made in the water register in respect of water shares. (2) The Registrar, from time to time, may determine requirements for the electronic lodgement network which may include— (a) conditions of access to the electronic lodgement network; (b) requirements for the retention of documents supporting or authenticating electronic documents, including periods for retention; (c) insurance requirements; (d) any other prescribed matter. (3) The Registrar must publish notice in the Government Gazette of any requirements determined under this clause. 2 Restriction on lodgement of electronic instruments (1) The Registrar is not required to accept an electronic document for recording in the water register in respect of a water share unless— (a) the electronic document contains the information required by the Registrar and is in the form (if any) approved by the Registrar; and (b) the electronic document complies with the prescribed requirements (if any); and (c) the electronic document is lodged in the electronic lodgement network established under clause 1 in the manner required by the Registrar; and (d) any relevant certificate required under clause 9 is lodged in the electronic lodgement network; and (e) the parties to the electronic document have specified the person who is to be the responsible party under this Schedule (the ***responsible party***) for the recording of the electronic document. (2) If the Registrar refuses to register an electronic document and the parties to the electronic document wish to proceed with the relevant recording in the water register, the Registrar may require the relevant documents to be executed and lodged for recording in a form other than an electronic communication. (3) The Registrar must publish notice in the Government Gazette of any information, form or manner of lodgement required by the Registrar under this clause. 3 Agents for lodging electronic documents must be eligible persons (1) A person (the ***agent***) must not lodge an electronic document for recordings to be made in the water register on behalf of any person (the ***principal***) unless— (a) the agent is an eligible person; and (b) the principal has authorised the agent in writing signed by the principal to execute the electronic document and lodge it with the Registrar for a recording to be made in the water register on the principal's behalf. (2) For the purposes of this clause ***eligible person*** means— (a) an Australian legal practitioner; or (b) a person who holds insurance of a kind and amount acceptable to the Registrar; or (c) a person who complies with any other eligibility requirements determined by the Registrar. (3) The Registrar may at any time require evidence of a person's eligibility or authority to act as agent under subclause (1). (4) The Registrar may from time to time publish details of— (a) the kinds and amounts of insurance that are acceptable for the purposes of this clause; (b) the criteria for a person to be an eligible person under subclause (2)(c). 4 Registrar may deal exclusively with responsible party If an electronic document is lodged in the electronic lodgement network for recording in the water register, the Registrar is only required to deal with the person nominated under clause 2(1)(e) as the responsible party for the purposes of— (a) requiring the person to submit any documents or provide any information in relation to the electronic document and the relevant water share; (b) returning any documents lodged with the Registrar in respect of the relevant water share or the electronic document; (c) Part 5A or this Schedule in relation to the electronic document. 5 Notification of recording If the Registrar makes a recording in relation to a water share in the water register pursuant to an electronic document under this Schedule, the Registrar must cause a notification of that recording to be given to— (a) the owner of the water share or that person's agent (if any); or (b) the person nominated under clause 2(1)(e) as the responsible party in respect of the electronic document or a person nominated by that responsible party. 6 Evidence of recording of electronic document (1) On the application of any person, the Registrar must produce a document in writing recording information that was recorded in the water register as a result of an electronic document. (2) A document produced under subclause (1) must be certified by the Registrar as a true representation of the record or information in the water register. (3) A document produced under this clause is evidence of the matters contained in the document. (4) An application under this clause must be in the approved form. 7 Electronic lodgement network malfunction (1) The Registrar may amend the water register to correct errors in the water register and supply entries or recordings omitted to be made in the water register if the error or omission resulted from a malfunction of the electronic lodgement network. (2) The Registrar must keep a record of every correction under subclause (1). (3) Every correction under subclause (1) is to have the same validity and effect as if the error or omission had not occurred. 8 Registrar may require production of documents (1) For the purposes of Part 5A and this Schedule, the Registrar, by notice in writing, may require any person who has lodged, or proposes to lodge, an electronic document in the electronic lodgement network to produce any document supporting or authenticating an electronic document that is required to be retained under any requirement determined by the Registrar under clause 1(2)(b). (2) A person who has received a notice under subclause (1) must comply with a requirement in that notice within the period specified in the notice, being not less than 14 days. (3) If a person fails to comply with a notice under subclause (1), the Registrar may terminate that person's access to the electronic lodgement network. 9 Registrar may specify matters to be certified The Registrar, by notice published in the Government Gazette, may specify— (a) any matters relating to an electronic document that must be certified under this Schedule; and (b) the method of electronic certification required for those matters; and (c) the class or classes of person who may certify those matters. 10 Evidence of electronic documents (1) On the application of any person, the Registrar must produce a document in writing recording information contained in an electronic document that has been lodged for recording in the water register. (2) A document produced under subclause (1) must be certified by the Registrar as a true representation of the information in the electronic document. (3) A document certified under subclause (2) is evidence of the matters contained in the document. (4) An application under this clause must be in the approved form and be accompanied by the prescribed fee (if any). 11 Electronic certification of electronic documents (1) The Registrar may produce in an electronic form a representation of any electronic document lodged in the electronic lodgement network. (2) The Registrar may certify the electronic representation in any manner determined by the Registrar. (3) A representation of an electronic document certified in accordance with this clause is evidence of the contents and nature of the electronic document. Sch. 13 amended by Nos 13/1990 s. 46(c), 12/1992 s. 7(3), 62/1995 s. 44(7), repealed by No. 32/2010 s. 71(2). Sch. 14 amended by No. 52/1998 s. 311(Sch. 1 item 105.50), repealed by No. 32/2010 s. 72(2). Sch. 15 inserted by No. 99/2005 s. 71. Schedule 15—Transitional arrangements—Water (Resource Management) Act 2005 Part 1—General 1 Definitions (1) In this Schedule— ***appointed day***, in relation to a water system means the day on which a water system becomes a declared water system under a declaration under section 6A; ***combined parcel*** in relation to land, means more than one parcel of land, each of which is, in accordance with the conversion rules, contiguous with the others; ***conversion rules***, in relation to a water system, mean the rules determined for that water system by the Minister under Part 8; ***entitled person***, in relation to a holding in a water system, means any person who is— (a) an owner of; or (b) the holder of a mortgage over; or (c) a person who is entitled to a limited term transfer of— the land that comprised the holding, immediately before the appointed day for the water system; ***holder***, in relation to— (a) a prior domestic and stock right, prior joint right or prior water right; or (b) a prior 222(1)(c) sales water agreement or 222(1)(d) sales water agreement— in a declared water system, means the owner of the holding to which the right applied or in respect of which the agreement was in force (as the case requires) immediately before the appointed day for the water system; ***holding*** means the lands shown in any single entry in the prior holdings register immediately before the appointed day; Sch. 15 cl. 1(1) def. of *owner* amended by No. 85/2006 s. 138. ***owner***— (a) in the case of land that is under the **Transfer of Land Act 1958** means the registered proprietor of an estate in fee simple in the land, or, if the registered proprietor is a life tenant, the holder of the remainder interest; (b) in the case of land that is not under the **Transfer of Land Act 1958**, means— (i) where there is a mortgage over an estate in fee simple in the land under which the mortgagee is the owner of the legal estate, the holder of the equity of redemption; or (ii) in the case of any other estate in fee simple, the owner of the legal estate; ***parcel***, in relation to— (a) land under the **Transfer of Land Act 1958**, means land that comprises an individual folio of the Register under the **Transfer of Land Act 1958**; and (b) land not under the **Transfer of Land Act 1958**, means land that, under section 8A of the **Sale of Land Act 1962**, can be disposed of separately, without subdivision; ***prior domestic and stock right*** means an obligation owed by an Authority under section 222(1)(a) to make quantities of water available for supply in an irrigation district of the Authority from a water system to a holding in that district, being an obligation that was in force immediately before the appointed day for that water system; ***prior holdings register*** means the register kept under section 230, as in force in the relevant declared water system, immediately before the appointed day for the water system; ***prior joint right*** means a prior water right and a prior domestic and stock right, where each right applies to the same holding; ***prior water right*** means an obligation owed by an Authority under section 222(1)(b) to make an amount of water available for supply in an irrigation district of the Authority from a water system to a holding in that district, being an obligation that was in force immediately before the appointed day for that water system; ***prior 222(1)(c) sales water agreement*** means an agreement under section 222(1)(c) for the sale of water by an Authority from a water system that supplies an irrigation district with water to the owner or occupier of a holding within that irrigation district being an agreement that was in force immediately before the appointed day for the water system; ***prior 222(1)(d) sales water agreement*** means an agreement under section 222(1)(d) between an Authority and the owner or occupier of land, for the supply of water by the Authority from a water system, being an agreement that was in force immediately before the appointed day; ***purchaser*** has the same meaning as in the **Sale of Land Act 1962**; ***Registrar of Title*s** has the same meaning as *Registrar* has in the **Transfer of Land Act 1958**; ***take and use licence*** means a licence to take and use water issued under section 51(1); ***terms contract*** has the same meaning as in the **Sale of Land Act 1962**; ***unconfirmed water share*** means a water share in respect of which there is in force a qualification under clause 31; ***vendor*** has the same meaning as in the **Sale of Land Act 1962**. (2) In this Schedule (unless otherwise specified in the Schedule) a reference— (a) to section 222(1)(a), in relation to a declared water system, is a reference to section 222(1)(a) as in force immediately before the appointed day for that water system; and (b) to section 222(1)(b), in relation to a declared water system, is a reference to section 222(1)(b) as in force immediately before the appointed day for that water system; and (c) to section 222(1)(c), in relation to a declared water system, is a reference to section 222(1)(c) as in force immediately before the appointed day for that water system; and (d) to section 222(1)(d), in relation to a declared water system, is a reference to section 222(1)(d) as in force immediately before the appointed day for that water system. (3) For the purposes of Part 3, where the holder of a take and use licence is recorded to be— (a) a partnership, each partner in the partnership is deemed to be a holder of the licence; or (b) an unincorporated body (however described), each member of the body is deemed to be a holder of the licence. 2 Non-application of certain provisions to non‑declared water systems The amendment of this Act by sections 38(2), 61 and 62 of the **Water (Resource Management) Act 2005** does not apply to a water system until the water system becomes a declared water system under a declaration under section 6A.