Devolution
39 Devolution
A person to whom an interest in a designated entitlement has devolved by operation of law may apply to the Minister to be recorded in the register as the holder of the relevant interest.
On the death of a person recorded on the register with another person as joint owners of an interest in a designated entitlement, the survivor may apply to the Minister for a record of the transmission to the survivor to be made in the register.
The transmission of an interest in a prescribed entitlement by devolution does not have any force or effect for the purposes of the Act until it is registered, on application made to the Minister, on the register.
Without limiting any other provision, a legal personal representative may apply to the Minister for the recording of the transmission—
to the legal personal representative of—
the ownership of a prescribed entitlement; or
the ownership of an interest in a prescribed entitlement;
or
to the beneficiary of the relevant estate of—
the ownership of a prescribed entitlement; or
the ownership of an interest in a prescribed entitlement.
On the making of a recording in a case where subregulation (4)(a)(i) applies—
the legal personal representative becomes the owner of the prescribed entitlement in respect of the interest of the deceased owner of the prescribed entitlement; and
the legal personal representative holds the prescribed entitlement subject to all interests to which the deceased owner was subject in relation to the prescribed entitlement, but for the purposes of any dealing with the prescribed entitlement under the Act, is the owner of the prescribed entitlement; and
the status of the legal personal representative as owner of the prescribed entitlement relates back to, and is taken to have arisen on, the death of the owner of the prescribed entitlement as if there has been no interval of time between the death and the recording.
On the making of a recording in a case where subregulation (4)(a)(ii) applies—
the legal personal representative becomes the owner of the interest of the deceased owner in the prescribed entitlement; and
the status of the legal personal representative as owner of the interest in the prescribed entitlement relates back to, and is taken to have arisen on, the death of the owner of the interest as if there has been no interval of time between the death and the recording.
On the making of a recording in a case where subregulation (4)(b)(i) applies—
the beneficiary becomes the owner of the prescribed entitlement in respect of the interest to which the application relates; and
the beneficiary holds the prescribed entitlement subject to all interests in relation to the prescribed entitlement applying at the time of the transmission.
On the making of a recording in a case where subregulation (4)(b)(ii) applies, the beneficiary becomes the owner of the interest in the prescribed entitlement to which the application relates.
An application under this regulation—
must be in a form determined by the Minister; and
must be accompanied by the prescribed fee.
The Minister may require a person to provide evidence or other information, in a manner determined by the Minister, that relates to any interest or other matter that is relevant to an application under this regulation.
In this regulation—
designated entitlement means—
a water access entitlement; or
a water allocation attached to a forest water licence;
or
a delivery capacity entitlement;
prescribed entitlement means—
a water licence; or
a water allocation; or
a designated entitlement.
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