Joint ownership—general provisions
36 Joint ownership—general provisions
If a water licence is to be held by 2 or more persons, they must specify in the relevant application to the Minister—
whether they are to hold the licence as joint tenants or tenants in common; and
if they are to be tenants in common—the proportions to be held by each person.
In the case of a water licence held by 2 or more persons in existence immediately before the day determined by the Minister under subregulation (9), they may apply to the Minister, in a form determined by the Minister, to have a record made on the register indicating whether they hold the licence as joint tenants or tenants in common.
No fee will apply in relation to an application under subregulation (2) if it is made within 2 years after the day determined by the Minister under subregulation (9).
The proportions applying in relation to tenants in common must be specified—
as a specified number of shares that form part of a water access entitlement; or
as a specified share of water that may be available for allocation;
or
in some other way approved by the Minister.
Even if a water licence is held by tenants in common, the consent of all holders of the licence will be required in respect of any application or dealing relating to a water allocation associated with the licence.
If a Schedule 4 entitlement is held by 2 or more persons, a holder of the licence may appoint another holder of the entitlement (the holder of the licence's nominee) to act on their behalf (and the same person may be the nominee of more than 1 other holder of the entitlement).
An appointment under subregulation (6)—
must be made in a manner and form determined by the Minister;
and
may be revoked by the person who made the appointment by complying with any requirement determined by the Minister.
While an appointment is in place under subregulation (6), a consent of a nominee given on behalf of the person who made the appointment will be taken to be a consent of the relevant person.
This regulation applies from a day determined by the
Minister.
A determination under subregulation (9)—
may only be made when the Minister is satisfied that systems are in place to support the operation of this regulation; and
must be published in the Gazette.
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