sec.73Additional requirements for notices for draft water entitlement notices that establish water allocations

### sec.73 Additional requirements for notices for draft water entitlement notices that establish water allocations If the draft water entitlement notice allows for water allocations to be granted under section 70 (1) , the notice published under section 72 (2) must also state that— any proposed water allocation holders may give the chief executive a notice in the approved form stating the holders wish to be recorded on the water allocations register other than as tenants in common in equal shares; and See section 146 (1) (b) . existing interest holders may give the chief executive a notice in the approved form stating the interest holder intends to take action to have the holder’s interest recorded on the water allocations register; and if an interest holder who gives the chief executive a notice under paragraph (b) has the consent of the proposed water allocation holder to the encumbering of the proposed water allocation with the interest the interest holder has in the existing water entitlement or other authority to take water, the interest holder may give the chief executive notice of the consent in the approved form. It is declared that— an existing mortgagee of land to which an existing water entitlement or other authority to take water attaches is an existing interest holder; and the existing mortgagee’s interest under the mortgage in the land is an existing interest in the existing water entitlement or other authority to take water. It is also declared that a person is not a proposed water allocation holder under subsection (1) (c) unless— the person is the registered owner of all of the land to which the existing water entitlement or other authority to take water relates; and the interest the interest holder has in the existing water entitlement or other authority to take water relates to all of the land. s 73 prev s 73 amd 2001 No. 75 s 16 ; 2003 No. 25 s 40 ; 2005 No. 56 s 6 ; 2007 No. 57 s 65 om 2013 No. 23 s 232 pres s 73 ins 2014 No. 64 s 68 (amd 2016 No. 60 s 15 (15) ) (sec.73-ssec.1) If the draft water entitlement notice allows for water allocations to be granted under section 70 (1) , the notice published under section 72 (2) must also state that— any proposed water allocation holders may give the chief executive a notice in the approved form stating the holders wish to be recorded on the water allocations register other than as tenants in common in equal shares; and See section 146 (1) (b) . existing interest holders may give the chief executive a notice in the approved form stating the interest holder intends to take action to have the holder’s interest recorded on the water allocations register; and if an interest holder who gives the chief executive a notice under paragraph (b) has the consent of the proposed water allocation holder to the encumbering of the proposed water allocation with the interest the interest holder has in the existing water entitlement or other authority to take water, the interest holder may give the chief executive notice of the consent in the approved form. (sec.73-ssec.2) It is declared that— an existing mortgagee of land to which an existing water entitlement or other authority to take water attaches is an existing interest holder; and the existing mortgagee’s interest under the mortgage in the land is an existing interest in the existing water entitlement or other authority to take water. (sec.73-ssec.3) It is also declared that a person is not a proposed water allocation holder under subsection (1) (c) unless— the person is the registered owner of all of the land to which the existing water entitlement or other authority to take water relates; and the interest the interest holder has in the existing water entitlement or other authority to take water relates to all of the land. - (a) any proposed water allocation holders may give the chief executive a notice in the approved form stating the holders wish to be recorded on the water allocations register other than as tenants in common in equal shares; and Note— See section 146 (1) (b) . - (b) existing interest holders may give the chief executive a notice in the approved form stating the interest holder intends to take action to have the holder’s interest recorded on the water allocations register; and - (c) if an interest holder who gives the chief executive a notice under paragraph (b) has the consent of the proposed water allocation holder to the encumbering of the proposed water allocation with the interest the interest holder has in the existing water entitlement or other authority to take water, the interest holder may give the chief executive notice of the consent in the approved form. - (a) an existing mortgagee of land to which an existing water entitlement or other authority to take water attaches is an existing interest holder; and - (b) the existing mortgagee’s interest under the mortgage in the land is an existing interest in the existing water entitlement or other authority to take water. - (a) the person is the registered owner of all of the land to which the existing water entitlement or other authority to take water relates; and - (b) the interest the interest holder has in the existing water entitlement or other authority to take water relates to all of the land.