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reg 37

Changes in tenancy arrangements

In force
Part 9Miscellaneous

37 Changes in tenancy arrangements

(1)

If a water licence is held by 2 or more persons (whether as joint tenants or tenants in common), a holder of the licence may apply to the

Minister to record an alteration in a way in which the licence is held by those persons (the co‑holders tenancy arrangement) in the register.

(2)

An application under subregulation (1)—

(a)

must be made in a form determined by the Minister;

and

(b)

must be accompanied by the prescribed fee.

(3)

The alteration to the co‑holders tenancy arrangement takes effect when the Minister records the alteration in the register.

(4)

The Minister must not record the alteration unless—

(a)

each holder of the water licence whose interest is affected by the alteration has consented to it being recorded; and

(b)

any holder of a security interest over the water licence or a holding in the water licence whose interest is affected by the alteration has consented to it being recorded.

(5)

In the case of an alteration from joint tenants to tenants in common, the application must specify the proportions to be held by each person.

(6)

The Minister may require that an applicant verify any information provided for the purposes of this regulation.

(7)

This regulation applies from a day determined by the

Minister.

(8)

A determination under subregulation (7)—

(a)

may only be made when the Minister is satisfied that systems are in place to support the operation of this regulation; and

(b)

must be published in the Gazette.

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