Landscape South Australia (Water Register) Regulations 2020

The holder of a water licence may apply to the Minister for the

subdivision of the water licence by cancelling the licence and granting 2 or more licences in its place.

An application under subregulation (1)—

must be made in a form determined by the Minister;

and

must be accompanied by the prescribed fee.

If—

a water licence is held by 2 or more persons; and

1 or more of those persons are unwilling to make an application under this regulation, an application may nevertheless be made under this regulation with the approval of the ERD Court.

The ERD Court may, on an application made for the purposes of subregulation (3)—

give its approval if satisfied that it is just and equitable to do so; and

if an approval is given—make any consequential or ancillary order or direction, or impose any condition, that the court considers necessary or expedient.

Water licences arising from a subdivision of a water licence may only be granted—

with combined water access entitlements or quantity of water taken to be a water access entitlement no greater than the corresponding entitlements or allocations of the cancelled water licence; and

subject to the same conditions as those to which the cancelled water licence was subject, subject to any consequential alterations (if any) made by the Minister; and

if relevant, for a period no greater than the residue of the period for which the cancelled water licence would have had effect if it had not been cancelled.

Subject to subregulation (5)—

the holder, or holders, of each of the water licences arising from the subdivision will be—

the holder of the cancelled water licence; or

if there were 2 or more holders of the cancelled licence—those holders, or those holders in any combination in relation to any of the water licences; and

any water access entitlement or volume of water to apply in relation to the water licences arising from the subdivision will be, as determined or allocated in accordance with—

the request of the applicant or applicants in the application under subregulation (1) (unless an application has been made under subregulation (3)); or

an order of the ERD Court under subregulation (4).

If a security interest is registered in relation to a water licence that is sought to be subdivided under this regulation, an application under this regulation may only be made with the consent of the person who has the benefit of the security interest.

Any registered security interest or caveat applying in relation to a water licence cancelled under this regulation will apply (and be registered) in relation to the new licences granted under this regulation unless the person who has the benefit of the security interest or caveat (as the case may be) has consented to the discharge of the security interest or the withdrawal of the caveat with respect to 1 or more of the licences to be created under this regulation.