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reg 23

Lapsing of registration

In force
Part 5Caveats

23 Lapsing of registration

(1)

A caveat registered under this Part will lapse—

(a)

on the withdrawal of the caveat by the caveator; or

(b)

on the expiration of the caveat—

(i)

on a date of expiry; or

(ii)

at the end of a period; or

(iii)

on the occurrence of an event, as specified by the caveator in the application to register the caveat under this Part; or

(c)

if 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

(d)

if the caveat lapses under subregulation (2).

(2)

If—

(a)

a caveat is registered without the express consent of the holder of the relevant water licence; and

(b)

the 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, then—

(c)

the Minister must give notice of the application to the caveator;

and

(d)

the caveat will lapse at the expiry of 21 days after service of the notice on the caveator unless the caveator, within that period—

(i)

obtains an order of the ERD Court under regulation 25 that provides that the caveat should continue to be registered; and

(ii)

provides the order to the Minister in accordance with any requirements determined by the Minister for the purposes of this regulation.

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