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reg 4

Information to be recorded on register

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Part 2Information on register

4 Information to be recorded on register

(1)

For the purposes of Schedule 4 clause 6(g) of the Act, the following information (in detail determined by the Minister) is prescribed:

(a)

information about each application made to the Minister under

Part 8 of the Act, and the status of the application;

(b)

in relation to a Schedule 4 entitlement, water resource works approval or site use approval—information about any condition attached to the Schedule 4 entitlement or approval;

(c)

in relation to a Schedule 4 entitlement—information about any devolution of the Schedule 4 entitlement;

(d)

in relation to a water licence—information about—

(i)

the nature of the holding of the water licence (and if there are 2 or more holders of the water licence as tenants in common, the proportions of their respective interests); and

(ii)

the consumptive pool or consumptive pools to which the water licence relates; and

(iii)

any subdivision of the water licence, or any consolidation of the water licence with another water licence; and

(iv)

in the case of a bundled water licence—the site with which the water licence is associated; and

(v)

the nature or effect of any variation of the water licence, the reason for the variation, and the date of the variation; and

(vi)

any transfer of the water licence, distinguishing between an absolute transfer and a transfer for a limited period, and including information about the reason for the transfer, the date of the transfer, and the price (if any) paid for the transfer; and

(vii)

the surrender of the water licence; and

(viii)

the exercise of any power of sale over the licence;

(e)

in relation to a water access entitlement—information about—

(i)

the water licence to which it relates; and

(ii)

the basis on which the water access entitlement is determined under the relevant water allocation plan, as provided under section 53(5) of the Act, including, as relevant, the number of shares, maximum volume or other value of the water access entitlement; and

(iii)

any classification assigned to the water access entitlement by or under the relevant water allocation plan; and

(iv)

the nature or effect of any variation of, or reduction in, a water access entitlement, the reason for the variation, and the date of the variation; and

(v)

any transfer of the water access entitlement, distinguishing between an absolute transfer and a transfer for a limited period, and including information about the reason for the transfer, the date of the transfer, and the price (if any) paid for the transfer; and

(vi)

the exercise of any power of sale over the water access entitlement;

(f)

in relation to a water allocation—information about—

(i)

the amount of water allocated on account of any water access entitlement from time to time; and

(ii)

any amount of water permitted as carryover from time to time;

and

(iii)

the consumption or volume of allocated water used;

and

(iv)

any variation of, or reduction in, the allocation made from time to time, the reason for the variation, and the date of the variation;

and

(v)

any transfer of the water allocation, including information about the reason for the transfer, the date of the transfer, and the price (if any) paid for the transfer; and

(vi)

any tagging of the water allocation in connection with an

Interstate Water Entitlements Transfer Scheme;

(g)

in relation to a water resource works approval or a site use approval—information about—

(i)

the certificate of title (or other legal description) of the land where the works are to be located or the water is to be used (as the case may be); and

(ii)

the maximum volume of water that may be taken, collected, diverted, extracted or used under the approval (as applies in the appropriate case);

and

(iii)

in the case of a water resource works approval—the works that are authorised under the approval; and

(iv)

in the case of a site use approval—the purpose or purposes for which the water may be used; and

(v)

any water allocation, and associated water licence, under which water may be taken or used on account of the relevant approval;

(h)

in relation to a forest water licence—information about—

(i)

the amount of water attached to the licence; and

(ii)

the purpose or purposes for which the water may be used;

(i)

in relation to a security interest registered under

Schedule 4—

(i)

the contact details of the person who has the benefit of the security interest; and

(ii)

if relevant, the interest of a tenant in common to which the security interest applies; and

(iii)

the order of priority that applies in relation to the security interest; and

(iv)

the date and time of any discharge of the security interest;

and

(v)

if so determined by the Minister, any instrument reference number assigned to the instrument evidencing the security interest;

(j)

in relation to any water levy, penalty, fee or charge that relates to a Schedule 4 entitlement—

(i)

the amount of the levy, penalty, fee or charge; and

(ii)

information about the person who is liable for payment (including in relation to any interest on an unpaid amount);

(k)

in relation to a permit granted for a water affecting activity—information about—

(i)

the name and contact details of the person to whom the permit is issued; and

(ii)

the date of issue; and

(iii)

the activity authorised under the permit; and

(iv)

any condition to which the permit is subject; and

(v)

the land with which the permit is associated; and

(vi)

the date of any variation of the permit; and

(vii)

the date of expiry, surrender or revocation.

(2)

For the purposes of Schedule 4 clause 6(f) of the Act, the following information (in detail determined by the Minister) is prescribed in relation to any caveat registered under Part 4 of that

Schedule:

(a)

the name and contact details of the caveator or caveators;

(b)

the date and time of registration;

(c)

the nature of the caveat and caveatable interest (determined according to criteria adopted by the Minister);

(d)

if so determined by the Minister, any instrument reference number assigned to an instrument evidencing a caveatable interest;

(e)

if the caveat applies in relation to part of a water access entitlement—the interest to which it relates;

(f)

the dealings forbidden by the caveat and, if relevant, any dealings permitted under the terms of the caveat or by the caveator;

(g)

the date of an application to remove the caveat;

(h)

the period of the caveat, or other information about the expiry, lapsing or removal of the caveat.

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