Water Act 2000

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; andNote—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.