Landscape South Australia (Water Register) Regulations 2020

The holder of a water licence may apply to the Minister for the consolidation of 2 or more water licences by cancelling the licences and granting a single licence in their place.

An application under subregulation (1)—

must be made in a form determined by the Minister;

and

must be accompanied by the prescribed fee.

An application may only be granted if—

the water licences to be consolidated relate to the same prescribed water resource and, if relevant, the same consumptive pool, and that the classification of water access entitlements (if relevant) are compatible;

and

the water licence arising from a consolidation of the water licences will be consistent with the relevant water allocation plan;

and

the Minister is satisfied as to any other matter determined to be relevant by the Minister.

In relation to the water licence arising from a consolidation of water licences—

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

if relevant, the period of the water licence will be a period no greater than the residue of the earliest expiring period for which the cancelled water licences would have had effect if they had not been cancelled, subject to any alternative period determined by the Minister, after consultation with the holder of the licences.

If a security interest is registered in relation to a water licence that is sought to be part of the consolidation of licences 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 licence 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 the licence to be created under this regulation.

The order of priority between 2 or more security interests registered with respect to the new licence will be an order specified by the person or persons who have provided their consent under subregulation (5) (and if an agreement cannot be reached between those persons who have the benefit of the security interests then a consolidation cannot proceed under this regulation).