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reg 22

Effect of caveat

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Part 5Caveats

22 Effect of caveat

(1)

Subject to subregulation (2), a caveat that has been registered under this Part may (according to its terms) forbid the registration of—

(a)

a transfer of a relevant entitlement; or

(b)

a variation of a relevant entitlement; or

(c)

a security interest that relates to a relevant entitlement;

or

(d)

a surrender of a relevant entitlement, unless—

(e)

the caveator consents to the registration; or

(f)

the relevant dealing is expressly stated to be subject to the interest claimed by the caveator; or

(g)

the relevant dealing is a dealing, or is a dealing of a class, specified in the caveat.

(2)

The registration of a caveat under this Part—

(a)

does not warrant or confirm the validity of any interest to which the caveat relates; and

(b)

does 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

(c)

does 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

(d)

does 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

(e)

does 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

(f)

does not prevent the expiry of a water licence or water access entitlement, or any associated water allocation or other authorisation under the Act; and

(g)

does not prevent or affect the exercise of a power of sale under

Schedule 4 clause 13 of the Act (as provided by these regulations).

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